A Palm Beach DUI Defense Lawyer Shares Critical Information for People Charged With DUI Because of Prescription Drug Use
Driving under the influence (DUI) is commonly associated with alcohol impairment, but in Florida, DUIs can also result from impairment caused by prescription medications. If you find yourself facing a DUI charge due to prescription drugs, it is critical to seek the expertise of a Palm Beach DUI defense lawyer before you face potential penalties that could change your life.
DUIs and Prescription Medication
According to Florida Statute 316.193, a person is guilty of driving under the influence if they are impaired by a chemical substance or controlled substance. This means that even legally prescribed medications can lead to a DUI charge if they impair your ability to drive safely.
Side Effects of Common Prescription Medications
Many prescription medications come with similar side effects that can impair driving. Here are some common prescriptions and their potential side effects that could hinder your ability to operate a vehicle:
- Opioids. Opioids such as OxyContin and Vicodin may cause drowsiness, dizziness, impaired cognitive function, and slowed reaction times.
- Benzodiazepines. Benzodiazepines like Valium or Xanax may result in drowsiness, confusion, blurred vision, and impaired coordination.
- Antidepressants. Antidepressant medications like Zoloft or Prozac may cause drowsiness, dizziness, blurred vision, and slowed reaction times.
- Antihistamines. Antihistamine medications can cause drowsiness, dizziness, and blurred vision.
- Muscle Relaxants. Muscle relaxers like Flexeril or Soma can cause drowsiness, dizziness, and impaired motor coordination.
- Stimulants. Stimulants, including Adderall and Ritalin, may cause anxiety or restlessness that causes you to drive impaired.
The side effects from the medications can significantly impair your ability to drive, making you a potential hazard on the road and subjecting you to DUI charges.
What Could Happen if You Are Convicted of DUI in Florida
Driving Under the Influence (DUI) is a serious offense in Florida and carries significant legal and personal consequences. The penalties can vary based on the number of prior offenses, the blood alcohol content (BAC) at the time of arrest, and whether any aggravating factors are present, such as causing injury or property damage.
The court may sentence you as follows:
First Offense DUI Sentence
- Fines ranging from $500 to $2,000
- Imprisonment for up to nine months
- License suspension for 180 days to one year
- Mandatory 50 hours of community service
- Probation for up to one year
Second Offense DUI Sentence
- Fines ranging from $1,000 to $4,000
- Imprisonment for up to 12 months
- License suspension for up to five years if within five years of the first offense
- Mandatory installation of an ignition interlock device for at least one year
Third or Subsequent Offense (Within Ten Years)
- Fines ranging from $2,000 to $5,000
- Imprisonment for up to five years
- License suspension for up to 10 years
- Mandatory installation of an ignition interlock device for at least two years
Other Impacts on Your Life
The consequences of a DUI conviction extend beyond legal penalties. A DUI conviction could impact your:
- Employment. A DUI conviction can result in job loss, especially if the individual’s job involves driving. A criminal record can also make it difficult to find future employment.
- Insurance rates. Car insurance premiums typically increase significantly after a DUI conviction.
- Personal relationships. The social stigma attached to a DUI conviction can strain relationships with family and friends.
- Professional licenses. Individuals in certain professions, such as health care, law, and education, may face disciplinary actions or revocation of professional licenses.
- Travel restrictions. Some countries may deny entry to individuals with a DUI conviction on their record.
- Financial burden. The costs associated with fines, legal fees, increased insurance rates, and mandatory programs (e.g., DUI school) can be substantial.
It's important to remember that an arrest is not a conviction. You have the legal right to defend yourself.
Possible Defenses for DUI Due to Medication
If you are facing a DUI charge due to prescription medication, a skilled Palm Beach DUI defense lawyer can help you explore several potential defenses, such as:
- Lack of impairment. Your lawyer can argue that you were not impaired despite the presence of medication in your system. This may involve presenting evidence such as witness testimony or medical records.
- Unreliable field sobriety tests. Field sobriety tests are not always reliable, especially for individuals with certain medical conditions. Your attorney can challenge the accuracy of these tests.
- Improper traffic stop. Your lawyer can argue that the traffic stop was conducted without probable cause, making any evidence obtained during the stop inadmissible in court.
- Medical necessity. If you were taking the medication as prescribed by a doctor for a legitimate medical condition, your attorney could argue that you were not acting recklessly or negligently.
- Improper chemical testing. If there were errors in the administration or analysis of chemical tests (e.g., blood or urine tests), your lawyer could challenge the validity of the results.
An experienced Palm Beach DUI defense lawyer will thoroughly investigate the circumstances of your case and develop a robust defense strategy tailored to your specific situation.
DUI May Not Be the Only Criminal Charge: Drug Possession Charges for Non-Prescribed Medication
In addition to facing DUI charges, you could also be charged with drug possession if you are found under the influence of a medication that was not prescribed to you. Florida law classifies the unlawful possession of prescription drugs as a criminal offense, which can result in severe penalties, including fines and imprisonment. Specifically, you may be charged with a:
- First-degree misdemeanor. Possession of certain controlled substances without a prescription can result in a first-degree misdemeanor charge, punishable by up to one year in jail and a fine of up to $1,000.
- Third-degree felony. Possession of more dangerous or higher-scheduled controlled substances without a prescription can result in a third-degree felony charge, punishable by up to five years in prison and a fine of up to $5,000.
If you are facing both DUI and drug possession charges, it is crucial to have a skilled Palm Beach DUI defense lawyer who can navigate the complexities of your case and work to mitigate the consequences.
Now is the Time to Contact a Palm Beach DUI Defense Lawyer
Every case is unique. While our experience and past results do not guarantee an outcome in your case, they can help you understand how we approach impaired driving criminal charges. Attorney Robert Malove is a founding member of the National College for DUI Defense and certified by the Florida Bar as an "expert/specialist" in Criminal Trial Law. Here is what a few of his DUI clients say about working with The Law Offices of Robert David Malove:
- "After sustaining a very serious felony DUI arrest, I called Robert Malove for help. He agreed to represent me while acknowledging that my case presented difficult challenges and that there could be severe penalties including incarceration. His thorough, frank and honest advice of what I might expect as to my defense and possible outcome, gave me and my family a strong sense of confidence that I would be well represented. Throughout a myriad of legal twists and turns he advised, guided, and supported me, my spouse, and family. We listened. We followed his advice. On my day in court, Robert had prepared the best possible defense, and had helped prepare us emotionally for whatever might happen. The result was beyond expectations. No incarceration! My family and I rejoiced. We are forever grateful for both his legal expertise and the manner in which he helped turn what could have been a paralyzing family experience into a life renewing experience for myself, my family, and our future. Would I hire Robert Malove again? You bet! Would I recommend Robert Malove? Without hesitation!" - a DUI Client
- "It’s very difficult to come up with the right words to express the amount of appreciation I have for Robert Malove. 5 years ago I made the biggest mistake of my life, a mistake that I thought was going to ruin my life forever. The day I met Robert I knew instantly that I was in the best hands. He’s kind, compassionate, and treats you like family. He’s always just a text or phone call away, and is always prompt to respond to any questions or concerns. Even though this was the scariest time in my life, he made me feel confident and never let me give up (even though there were a few times I wanted too). He’s guided me in the right direction and always had my back. I always knew without a doubt that he would do whatever it took to give me the best possible outcome. It was a long long road but Robert got my DUI reduced to reckless driving and I couldn’t be any happier! I would recommend Robert to anyone and everyone, he is truly a gem and as I tell him…My HERO! I am forever thankful. Thank you from the bottom of my heart Robert, you truly are the BEST!!!" - Andrea