Can I Get a FL DUI for Taking Prescribed Drugs?

In Florida, you can get a DUI for driving under the influence of alcohol, drugs, or a combination of both. In order to be convicted of a drug-related DUI, you must be driving or have “actual physical control” of a vehicle while under the influence of a “controlled substance” or “harmful chemical.” 

Being in actual physical control of a vehicle means being inside or on a vehicle and having the ability to drive it. Common examples of having actual physical control include sitting in the driver’s seat, the key is inside the ignition, and the engine is on. 

Common examples of controlled substances include cocaine, heroin, methamphetamine, and cannabis. Common examples of harmful chemicals include isopropyl alcohol, nitrous oxide, and other chemical solvents such as acetone and toluene. 

Not only can you be charged with drugged driving for being under the influence of illegal drugs, but you could also be arrested for driving after taking prescribed medication. Common side effects of prescription drugs can impair your normal faculties and affect your ability to drive a vehicle. So, if you have a prescription for certain medications or even medical marijuana, you cannot it as a legal defense against a DUI. 

In general, the penalties for a drugged DUI in Florida are the same as those for an alcohol-related DUI. A first drugged driving offense is a misdemeanor that carries a jail term of up to six months, a maximum $1,000 fine, and driver’s license suspension for at least six months to one year. 

Remember, any amount of drug in your system can result in DUI charges. Three is no “per se” legal limit for drugged driving, unlike alcohol. 

If you or a loved one is facing drugged DUI charges in Miami, contact Hubbs Law Firm today at (305) 570-4802 and request a free consultation. Thousands of cases successfully handled throughout Florida! 


Please note that by reading this blog you are not entering into an attorney-client relationship with Hubbs Law, P.A. This blog only provides general legal information. Every case is unique and you should request a consultation to ensure that you are getting the correct legal advice for your specific case.

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