When most people think about driving under the influence (DUI), they envision alcohol-related offenses. However, a growing trend in Florida and nationwide is the increasing number of DUI cases involving prescription medications. This shift represents a significant challenge for both law enforcement and drivers who may unknowingly find themselves facing serious criminal charges despite having valid prescriptions for their medications. If you’re arrested for DUI in Fort Lauderdale while allegedly under the influence of prescription medications, The Ansara Law Firm can help.
As millions of Americans rely on prescription medications for legitimate medical conditions, many are unknowingly putting themselves at risk of criminal charges simply by getting behind the wheel while taking their prescribed medications. This emerging trend represents a complex intersection of public health, personal responsibility, and criminal law that every Florida driver needs to understand. The stakes are high — a prescription drug DUI carries the same severe penalties as an alcohol-related DUI, but the legal landscape is far more nuanced and challenging to navigate.
A Growing Problem
Florida’s prescription drug crisis provides crucial context for understanding this trend. The state has been hit particularly hard by the opioid epidemic, with the Florida Department of Health reporting that opioid-related deaths have skyrocketed in recent years. While specific prescription drug DUI statistics are not readily available, the broader picture is concerning. In 2021, Florida experienced 5,940 fatalities due opioid overdoses, representing 76% of the state’s total drug overdose deaths — indicating the widespread use of these potentially impairing substances.
The scope of prescription drug use is staggering. According to national data, two-thirds of U.S. adults take prescription medications, with many taking multiple medications simultaneously.
Common prescription drugs that can impair driving include:
- Opioid pain relievers (OxyContin, Percocet, Vicodin)
- Benzodiazepines (Xanax, Valium, Ativan)
- Sleep medications (Ambien, Lunesta)
- Muscle relaxants (Soma, Flexeril)
- Antihistamines (Benadryl, prescription allergy medications)
- Antidepressants and mood stabilizers
What makes prescription drug DUIs particularly insidious is that many people don’t realize their medication can impair their driving ability, especially when taken as prescribed by their doctor.
How Florida Law Treats Prescription Drug DUIs
Under Florida Statute 316.193, driving under the influence encompasses more than just alcohol. Driving while impaired by drugs is illegal and subject to the same penalties as driving while impaired by alcohol. The law makes no distinction between illegal drugs and lawfully prescribed medications when it comes to impairment.
Florida’s DUI statute defines the offense as driving while:
- Under the influence of alcoholic beverages, any chemical substance, or any controlled substance to the extent that normal faculties are impaired, OR
- Having a blood-alcohol level of 0.08% or more
The critical difference here is that while alcohol DUIs have a specific legal threshold (0.08% BAC), prescription drug DUIs do not. Unlike alcohol-related DUIs, where the legal limit is a blood alcohol concentration (BAC) of 0.08%, DUI-Drug cases do not have a specific threshold for impairment. Instead, prosecutors must demonstrate that the driver was impaired to the extent that their normal faculties were affected.
This absence of a numerical threshold creates both challenges and opportunities in defending these cases, as we’ll explore below.
Key Differences Between Alcohol and Prescription Drug DUIs
1. Detection and Evidence Collection
As Fort Lauderdale DUI lawyers can explain, DUIs rely heavily on breathalyzer tests, which provide immediate, quantifiable results. Prescription drug DUIs present a more complex evidentiary picture. Typically, people under the influence of prescription or illegal drugs will not register an over-the-limit breath alcohol content level, unless they have also been drinking. Law enforcement officers are forced to establish that your normal faculties are impaired by using field sobriety tests.
Law enforcement must rely on:
- Field sobriety tests (which may be affected by medical conditions unrelated to drug use)
- Drug Recognition Expert (DRE) evaluations (specialized officers trained to detect drug impairment)
- Blood or urine tests (which can detect presence but not necessarily impairment)
- Officer observations (slurred speech, bloodshot eyes, erratic behavior)
2. Medical Necessity Defense
One of the most significant differences in prescription drug DUI cases is the potential for a medical necessity defense. Defendants may argue that they were taking medication as prescribed by their doctor and had no reason to believe it would impair their driving ability. This defense doesn’t exist in alcohol DUI cases. It is important, however, that the second element be met. If there was a clear warning not to drive on your medication bottle, this defense is harder to bring.
3. Timing and Metabolism Issues
Prescription drugs affect individuals differently based on factors like:
- Tolerance levels (long-term users may function normally on doses that would impair others)
- Metabolism rates (age, weight, liver function all affect drug processing)
- Drug interactions (multiple medications can have unpredictable combined effects)
- Time of administration (when the drug was taken relative to driving)
4. Chain of Custody and Testing Challenges
Blood and urine tests for prescription drugs are more complex and vulnerable to challenge than breath tests for alcohol. Issues include:
- Sample preservation (some drugs degrade quickly)
- Laboratory procedures (more complex testing protocols)
- False positives (other substances can trigger positive results)
- Quantification difficulties (determining impairment levels vs. therapeutic levels)
Defense Strategies: A Different Approach Required
The unique nature of prescription drug DUIs requires defense attorneys to employ different strategies than those used in alcohol cases:
1. Challenging the Stop and Investigation
Without the objective evidence of a breathalyzer, prosecutors must rely more heavily on officer observations and field sobriety tests. This creates opportunities for Fort Lauderdale defense lawyers to challenge:
- The validity of the initial traffic stop.
- The officer’s training and experience in drug recognition.
- The administration and interpretation of field sobriety tests.
- The decision to arrest based on subjective observations.
2. Medical Records and Expert Testimony
Prescription drug DUI cases often require extensive medical evidence:
- Physician testimony about the prescribed medication and expected effects.
- Pharmacological experts to explain how the drug affects the body.
- Medical records showing the defendant’s prescription history and tolerance.
- Toxicology experts to challenge blood or urine test results.
3. Legitimate Use Defense
Defendants can argue they were taking medication as prescribed and had no reason to believe it would impair their driving. This requires proving:
- The medication was validly prescribed.
- The defendant followed dosing instructions.
- The defendant had no prior experience with impairment.
- The defendant had no warning about driving restrictions.
4. Challenging Blood and Urine Tests
Unlike breath tests, blood and urine tests for drugs are more susceptible to challenge:
- Chain of custody issues (who handled the sample and when)
- Testing methodology (whether proper procedures were followed)
- Laboratory certification (whether the lab meets state standards)
- Quantification problems (presence vs. impairment levels)
Practical Implications for Drivers
What Every Florida Driver Should Know
- Read medication labels carefully – Pay attention to warnings about drowsiness or operating machinery.
- Discuss with your doctor – Ask specifically about driving restrictions when prescribed new medications.
- Start slowly – Don’t drive when first starting a new medication until you know how it affects you.
- Avoid mixing substances – Combining prescription drugs with alcohol or other medications can be dangerous and illegal.
- Keep prescriptions current – Expired prescriptions provide no legal protection.
If You’re Pulled Over
- Don’t volunteer information about medications unless specifically asked.
- Be polite but cautious – You have the right to remain silent.
- Request to speak with an attorney before answering questions about your medication use.
- Don’t assume you’re safe because you have a prescription.
The Road Ahead: Legal and Social Challenges
The rise of prescription drug DUIs represents a collision between legitimate medical treatment and public safety concerns. Unlike alcohol, which serves no medical purpose, prescription medications are often essential for health and quality of life. This creates unique challenges for both the legal system and society.
Florida’s approach to prescription drug DUIs will likely continue evolving as courts grapple with these complex cases. Potential developments include:
- Clearer guidelines for when prescription drug use constitutes impairment.
- Better training for law enforcement in drug recognition.
- Improved testing methods to distinguish between therapeutic and impairing levels.
- Public education campaigns about prescription drug risks.
Call Fort Lauderdale Criminal Defense Attorney Richard Ansara at (954) 761-4011. Serving Broward County.
More Blog Entries:
The Role of Dashcam and Bodycam Footage in Fort Lauderdale DUI Cases, July 7, 2025, Fort Lauderdale DUI Defense Lawyer Blog