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Miami Criminal Defense Attorney / Blog / DUI Defense / Prescription Medication and DUI Offenses Under Florida Laws – Are Prescription Drugs Exempted from Florida Driving Under the Influence Laws?

Prescription Medication and DUI Offenses Under Florida Laws – Are Prescription Drugs Exempted from Florida Driving Under the Influence Laws?

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Just like pretty much everywhere in the United States, numerous Miami residents and drivers take prescription medication to help treat and solve aches, pains, illnesses, and diseases that plague them day in and day out. While prescription medication can help us when we need to treat a particular ailment, they can also have serious and harsh side effects that can impact our ability to do our activities of daily living. One of the activities that many Miami residents engage in every day for work, school, errands, and play is driving a vehicle. But what happens when a medication prescribed by a doctor impairs a person’s driving in Miami to the point that they are pulled over for suspected DUI? Can a person be charged with a DUI in Miami if they have simply taken prescription medication, and not hard drugs? We answer those questions here.

Prescription Medication and Miami DUI Cases – Where Florida Law Stands

The 2025 Florida Statutes establish that “It is unlawful and punishable…for any person who is under the influence of alcoholic beverages or controlled substances, when affected to the extent that the person’s normal faculties are impaired or to the extent that the person is deprived of full possession of normal faculties, to drive or be in actual physical control of any motor vehicle within this state. Such normal faculties include, but are not limited to, the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, and, in general, normally perform the many mental and physical acts of daily life.” Importantly, a plain reading of the law indicates that being impaired by any controlled substances, including those that may be prescription medications, may give rise to a DUI charge. In addition, there are no exemptions for prescription medications that are considered controlled substances under Florida DUI laws. Accordingly, if a person is impaired while driving due to a prescription drug, they may be charged with DUI charges.

Getting Legal Help with Your Miami DUI Case – Miami DUI Attorney

It is also important for Miami residents and DUI defendants to know that they are innocent until proven guilty of DUI offenses under Florida laws. Accordingly, if you have been charged with a DUI offense in Miami, it is important to discuss your case with a Miami DUI attorney. DUI convictions can result in a number of serious consequences, including jail time, fines, and other consequences.

The experienced Miami DUI attorneys at AsiliA Law Firm are here to help Miami DUI defendants with defending their DUI cases. They can help by listening to your story to see if they can fight for you to get justice and beat the charges in your case. No person should have to battle DUI charges against them alone. If you are in the Miami area, do not hesitate to speak with an experienced Miami DUI attorney today. Contact AsiliA Law Firm and speak to a lawyer about your case now.

Source:

flsenate.gov/Laws/Statutes/2024/316.1934#:~:text=Moreover%2C%20such%20person%20who%20has,level%20or%20breath%2Dalcohol%20level.

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