In Florida, a person can be arrested and charged with Driving Under the Influence (DUI) if they are driving under the influence of alcohol, a prescription drug, or illegal drugs. A DUI conviction is commonly associated with alcohol, but any form of drugs that can impair a person’s ability to drive safely can result in a DUI conviction. Therefore, you can receive a DUI charge if you are driving under the influence of any prescription medications that you may be taking.
Florida Statute 316.193 highlights that DUI is considered driving under the effect of a substance that affects your normal faculties. The term “normal faculties” can cover a person’s ability to hear, see, walk, talk, drive a vehicle, judge distances, act in an emergency, and much more. This, therefore, means that any substance you take, whether it be illegal or legal, could result in you receiving a DUI if you’re taking it, and it is impairing your driving. Prescription drug DUI charges can also occur even if a person has a valid reason to be taking the prescription medication. If, however, a person is found driving under the influence of prescription medication and does not have a valid reason for taking the prescription drugs, they could also face receiving a drug possession charge.
The Law Place law firm in Florida can offer you all the legal advice you may require if you have been charged for DUI whilst taking prescription medication. Alternatively, if you have any queries about these charges, you can contact one of our lawyers today who will happily answer any questions you may have. Call us at (941) 444-4444.
What Drugs Are Considered DUI?
In Florida, a driver can be charged with a DUI if they are in the actual physical control of the vehicle whilst under the influence of controlled substances or harmful chemicals. It is possible to be convicted of a DUI in Florida, even if you are not driving the vehicle. This is because, similar to a physical control charge for alcohol, a driver who is under the influence of drugs and has the physical control of a vehicle means that they can drive and be a threat.
The Florida Statute 316.193 states that a driver is classed as “under the influence” if they have taken a drug, and their “normal faculties are impaired.” This simply means that what they have taken has affected the driver’s physical or mental capacities largely. Therefore, it is important to note that you can be charged with a DUI in Florida if you are under the influence of either recreational or prescription drugs.
The law enforcement officers in Florida are forced to establish whether your normal faculties are impaired by using field sobriety tests. These tests can establish what the alcohol and drug concentration of your blood is. These officers may also test for the presence of prescription drugs or illegal drugs in a person’s system by using DUI blood tests and DUI urine tests in accident cases, which resulted in serious injuries or even death.
Florida differs from other States in the US in the sense that for a judge to convict you of DUI of drugs, the prosecutor has to prove more than the fact that there were drugs in your system. They have to show that a driver was actually under the influence of a drug in a way that affected their ability to drive.
You can be convicted in Florida of DUI if your blood alcohol concentration is above .08%. This limit can also be known as the per se limit. However, in Florida currently, there is not a per se limit for driving under the influence of drugs. Consequently, this means that anyone with a drug in their system, no matter the amount, is at risk of receiving a DUI. You can still get charged with DUI even if that drug in your system is legal in the form of prescription medication.
If you have any further questions or queries in regards to what drugs are considered DUI, contact our legal team at The Law Place today to speak to one of our attorneys. They have the knowledge to help you in any way possible.
For a free legal consultation, call 941-444-4444
Can You Get a DUI for Driving on Adderall?
Adderall (amphetamine) is a prescription medication that most commonly treats people with attention deficit hyperactivity disorder (ADHD) and narcolepsy. This prescription drug is a stimulant and has incredibly addictive qualities. Adderall is a legal drug if it has been prescribed, but it is often misused as it is popular amongst high school and college students due to its perceived study-enhancing benefits. The United States Drug Enforcement Administration (DEA) has classed Adderall as a Schedule II narcotic.
You can receive a DUI for driving on Adderall. A lot of people do not realize that driving under any form of influence can result in arrest and conviction. It does not matter whether the prescription medications you have been using are legal if you take Adderall and drive; you risk being arrested for DUI.
Law enforcement in Florida may stop a driver on suspicion of prescription medication DUI in the same way they would stop someone driving under the influence of alcohol. A breath test can highlight whether any alcohol was consumed with prescription medication. A field sobriety test would be able to establish whether the driver was in control of their normal faculties or not.
However, these tests are inconclusive, which means that an arrest for prescription medication DUI must involve a urine test or blood test to further prove that the medication was in the driver’s system. How much Adderall impacts upon a driver’s ability to drive entirely depends on how much they have taken.
Some of the most common DUI cases which involve prescription medications include Narcotic Analgesics (painkillers) and Central Nervous System (CNS) Depressants.
If you have any further questions or queries concerning whether you are at risk of receiving a DUI, if you take Adderall, don’t hesitate to contact The Law Place today to speak to one of our attorneys. We can help guide you through what the law states in regards to driving and prescription medication. Alternatively, you can also contact us if you’ve been charged with DUI and need some legal representation.
Can You Get a DUI on Xanax?
Xanax (alprazolam) is a short-acting benzodiazepine. This legal medication is usually prescribed to people who suffer from panic disorders or anxiety. This medication is considered to be a mild tranquilizer as it helps to calm a person down and creates a feeling of relaxation. However, in high doses, Xanax has the potential to be abused and result in addiction.
Despite Xanax being a legal medication, you can be arrested in Florida for DUI if you are in physical control of a vehicle, and your normal faculties are impaired by the medication. Just because you may have been prescribed Xanax and it may be legal for you to take, does not mean that you won’t be arrested by law enforcement if you are found to be driving with it in your system.
Can You Drive While Taking Pain Medication?
When people think about DUI, they often think of alcohol. However, some people face these charges for more innocent reasons. Prescription drugs in Florida can be the reason for some people receiving a driving under the influence charge. A person who takes their legal medication but then gets behind the wheel can face a charge if their ability to drive is obviously impaired.
If you or someone you know has been prescribed pain medication, it is important to make sure that you are not drowsy or in any other altered state if you decide to get behind the wheel. If you begin a journey and suddenly feel the medication starting to affect you, you should stop until you are off the medication. Never drive if you are feeling drowsy as a result of your prescription medication. If you do, you are putting not only your own but countless lives at risk.
You can drive if you take pain medication as a legal drug but always be sensible. Never drive if you feel like the medication is affecting you as you can be charged if your ability to drive is impaired. We would advise at The Law Place that, if possible, avoid driving at all if you have been prescribed pain medication for the safety of yourself and others.
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If you or someone you know has been convicted in Florida for a prescription medication DUI we advise that you seek the advice of an experienced lawyer at The Law Place. Our Lawyers will be able to help you in regards to your next legal steps. Even if you haven’t been charged but just have questions generally about prescription drugs and convictions, we can help. Call us today on (941) 444-4444.