How Prescription Medications Lead to DUI Charges in Orlando (Even When Taken as Directed)

The majority of drivers assume that DUI violations involve alcohol or illegal drugs. Nevertheless, according to Florida’s DUI statute, anyone whose driving ability is compromised by any drug is subject to arrest for a DUI violation. This news usually surprises those who have taken prescription drugs per their physician’s advice.

Prescription drugs and impairment

There are many prescription medications that can influence the central nervous system in a manner that impacts your ability to drive. For example, medications like benzodiazepines (Xanax, Valium), sleeping pills (Ambien), opiates, and some antidepressants can cause drowsiness, delayed reflexes, blurred vision, and diminished judgment skills.

Even when the drugs are consumed according to your doctor’s recommendation, these side effects alone can cause an officer to think you are impaired. In contrast to alcohol-based DUI charges, there is no definite “limit” beyond which the individual cannot operate the vehicle. Officers’ observations are crucial in determining whether a person is under the influence.

How are these cases investigated?

If a police officer believes that a driver is under the influence of drugs, the process can vary significantly from the usual alcohol-related DUI. Tests done through breath samples cannot detect prescription drugs. Therefore, law enforcement may ask for a urine or blood sample. Sometimes, the case can be referred to a specially-trained “drug recognition expert” (DRE).

The officer’s assessment is subjective and may consider factors other than impairment, such as fatigue or anxiety. It leaves room for challenging the test results.

Florida’s legal standard

To get a conviction, the prosecutor will need to show that your normal faculties are affected by an intoxicating substance. The term “normal faculties” is a loose one, and there will be no need to establish that the driver took “too much” of a medication. Therefore, if you’re taking your medication legally, you might still be subjected to penalties if you were impaired at the time you were pulled over.

A Florida DUI conviction may entail heavy monetary fines, license revocation, and probation, among other penalties.

Potential defense strategies

DUI offenses based on prescription drug use are generally very difficult to prosecute due to subjectivity and complicated toxicology. Typical methods for defending a DUI based on prescription drugs include:

• Challenge to the traffic stop – Any evidence collected after an illegal traffic stop is subject to being thrown out.
• Challenge to the field sobriety test – This test can often produce false positives in those with certain medical ailments, injuries, or who suffer from anxiety.
• Challenge to the toxicology findings – Any blood or urine sample used as evidence needs to have been properly collected, stored, and processed.
• Showing the Medical Necessity and Usage of the Prescription Drugs – The medication has been taken correctly without causing impairment.

Legal representation matters

Prescription drug DUI cases can be complex due to the fact that they include both legal and scientific issues. Therefore, one needs a comprehensive defense, which an experienced Florida DUI defense lawyer can provide.

If you have been accused of driving under the influence as a result of prescription drug use in Orlando, it would be a good idea to take fast action, since it could affect the outcome of your case. Call FL DUI Group today to schedule an appointment, and we can begin preparing your defense right away.