DUI Penalties, Priors & Felony DUI

Can I get a DUI on prescription medication?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
Yes. Florida's DUI statute reaches impairment by chemical or controlled substances, and a valid prescription isn't a defense to impaired driving.

The premise that a lawful prescription makes driving lawful is wrong, and it's a costly assumption.

Florida's DUI statute covers driving while under the influence of alcoholic beverages, chemical substances, or controlled substances, to the extent that normal faculties are impaired. A prescription establishes that possession was legal. It says nothing about whether the person was impaired while driving.

Medications that commonly produce these cases: sleep aids, muscle relaxers, anti-anxiety medications, opioid pain medication, and some antihistamines. Interactions between prescriptions, or between a prescription and a small amount of alcohol, produce effects neither would alone.

The same applies to medical marijuana. A card authorizes possession under defined conditions; it doesn't authorize impaired driving.

What differs from an alcohol case is proof. There's no breath instrument for these substances and no equivalent of the .08 threshold, so the State relies on officer observation, drug recognition evaluation, and urine or blood testing.

A prescription answers a different question than the one the State is asking. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.