You’re driving home from a doctor’s appointment in Fort Lauderdale after taking medication prescribed for anxiety or chronic pain. You’re following the speed limit, using your turn signal, and driving responsibly—until flashing lights appear in your rearview mirror. A routine stop suddenly turns into a DUI investigation.
In Florida, law enforcement officers can arrest drivers for driving under the influence of any substance—including legally prescribed medications—if that substance impairs their ability to operate a vehicle safely.
Most people assume that following their doctor’s orders keeps them safe from criminal charges. Unfortunately, Florida’s DUI laws don’t distinguish between illegal drugs and legally prescribed medications if they impair your driving. Many clients tell us they had no idea they could be arrested for taking something prescribed to help them function normally.
The reality is that even if your medication is necessary and taken as directed, the police or prosecutor may still claim you were “impaired.” That’s why it’s critical to have a defense attorney who understands both the medical and legal sides of these cases.
The Law Office of Dave L. Simmons, P.A. understands how frustrating and unfair these situations can feel. We help clients build a DUI defense that protects their record, license, and future.
How Does Florida Define a DUI for Prescription Drugs?
Florida Statute §316.193 defines DUI as driving or being in actual physical control of a vehicle while under the influence of alcohol, chemicals, or controlled substances to the extent that normal faculties are impaired.
This includes prescription drugs such as:
- Pain medications. Drugs containing oxycodone, hydrocodone, or codeine can cause drowsiness or delayed reaction times.
- Anti-anxiety medications. Benzodiazepines like Xanax or Valium may affect coordination or alertness.
- Sleep aids and antidepressants. Even common medications like Ambien or certain SSRIs can impair concentration or balance.
The key issue isn’t whether the drug was legal—it’s whether it impaired your ability to drive.
Even legally prescribed medication can lead to a DUI if it affects your coordination, focus, or reflexes.
How Do Police Test for Prescription Drug Impairment?
Unlike alcohol DUIs, there’s no breath test to measure prescription drug levels. Instead, officers rely on observations and field sobriety tests—which can be subjective and prone to error.
Common signs officers look for include:
- Unsteady movement. Difficulty walking, balancing, or standing still.
- Speech issues. Slurred or slow responses.
- Unusual eye behavior. Pupil dilation or inability to follow movement.
- Erratic driving. Swerving, speeding, or delayed braking.
If officers suspect drug impairment, they may call a Drug Recognition Expert (DRE) or request a blood or urine test. However, these tests often cannot distinguish between therapeutic and impairing levels—especially for patients who have taken medication as directed.
What Are the Penalties for a Prescription Drug DUI in Fort Lauderdale?
The penalties for a prescription drug DUI mirror those for alcohol-related offenses. Even a first-time conviction can carry serious consequences:
- License suspension. Your driving privileges can be suspended for up to one year.
- Fines and court costs. Expect to pay between $500 and $1,000 for a first offense.
- Probation or jail time. Up to six months for a first conviction, with longer terms for repeat offenses.
- Mandatory DUI school. Required education and possible substance abuse evaluation.
Subsequent convictions carry harsher penalties, including mandatory jail time, ignition interlock devices, and longer license suspensions.
How Can a Fort Lauderdale DUI Lawyer Help?
Being charged doesn’t mean you’ll be convicted. Fort Lauderdale DUI lawyer Dave Simmons can evaluate every detail of your case—from the traffic stop to the test results—to find weaknesses in the prosecution’s evidence.
- Challenge the legality of the stop. Officers must have reasonable suspicion to pull you over.
- Dispute the field sobriety tests. These tests can be unreliable for people with medical conditions or physical limitations.
- Review lab procedures. Improper sample handling or flawed testing methods can lead to inaccurate results.
- Highlight prescription legitimacy. Demonstrating that the medication was legally prescribed and taken as directed can influence the case outcome.
In many cases, the defense can negotiate to have the charges reduced to a lesser offense—such as reckless driving—or dismissed entirely.
A DUI arrest doesn’t have to define your future. With strong legal advocacy, there are often multiple paths toward a better outcome.
What Should You Do After a Prescription Drug DUI Arrest in Broward County?
If you’ve been arrested or charged with a DUI involving prescription medication, taking quick and informed action is critical. Here’s what to do next:
- Request a hearing immediately. You have just 10 days from your arrest to challenge the license suspension.
- Gather your documentation. Prescription records, dosage instructions, and doctor’s notes may be valuable evidence.
- Avoid discussing the case. Do not make statements to police or insurance companies without legal counsel.
- Contact a local attorney. A Fort Lauderdale DUI lawyer familiar with Broward County courts can start building your defense right away.
Many people facing these charges are responsible citizens—teachers, nurses, parents, and professionals—doing their best to manage legitimate health conditions. A prescription drug DUI doesn’t make you a bad person, and it doesn’t have to ruin your life. With the right legal guidance, you can protect your rights and rebuild your peace of mind.
