DUI With Prescription Drugs Defense Lawyer
Daytona Beach Prescription Drug DUI Attorney
Retired Homicide Detective. Former DUI Investigator. Trial Attorney.
Many people are shocked when they are arrested for DUI after taking medication prescribed by their doctor.
They never consumed alcohol.
They never used illegal drugs.
They followed their physician’s instructions.
Yet they still find themselves facing criminal charges.
The reality is that Florida DUI laws are not limited to alcohol.
A person may be charged with DUI if law enforcement believes prescription medications impaired their normal faculties.
These cases are often far more complicated than alcohol-related DUI cases.
Unlike alcohol cases, there is usually no universally accepted number that automatically proves impairment.
Instead, prosecutors often rely on officer observations, field sobriety exercises, toxicology reports, and expert testimony.
Because of these complexities, prescription drug DUI cases are frequently defensible.
At the Law Offices of Patrick J. McGeehan, P.A., we represent individuals charged with DUI involving prescription medications throughout Daytona Beach, Volusia County, Flagler County, and throughout Central Florida.
Before becoming a lawyer, Patrick served as a police officer, DUI investigator, traffic homicide investigator, police instructor, and homicide detective.
He understands how impairment investigations are conducted because he participated in them.
Today, he uses that experience to challenge DUI allegations and protect his clients’ rights.
Can You Get A DUI From Prescription Medication?
Yes.
Florida law does not distinguish between illegal drugs and legally prescribed medications.
A person may be charged with DUI if the State alleges that a prescription medication impaired the person’s normal faculties while driving or in actual physical control of a vehicle.
Many people assume that having a valid prescription automatically protects them from prosecution.
That is not true.
The existence of a prescription does not prevent a DUI charge.
Common Prescription Medications In DUI Cases
Prescription drug DUI cases frequently involve medications such as:
Anti-Anxiety Medications
Examples may include medications prescribed for:
- Anxiety
- Panic disorders
- Sleep disorders
Pain Medications
Certain pain medications are frequently involved in DUI investigations.
Sleep Medications
Sleep aids sometimes become an issue in DUI prosecutions.
Muscle Relaxers
Muscle relaxants may produce symptoms that officers interpret as impairment.
ADHD Medications
Some stimulant medications occasionally become relevant in DUI investigations.
Antidepressants
Certain antidepressants may produce side effects that become an issue in DUI cases.
The presence of a medication alone does not establish impairment.
Taking Medication As Prescribed Is Not A Crime
One of the most important facts to understand is this:
Taking medication exactly as prescribed is not illegal.
The issue in a DUI case is not whether the medication was legally prescribed.
The issue is whether the State can prove impairment.
Those are two very different questions.
Why Prescription Drug DUI Cases Are Different
Alcohol cases often involve breath test numbers.
Prescription drug cases rarely do.
Instead, prosecutors frequently rely on:
- Officer observations
- Field sobriety exercises
- Toxicology reports
- Drug Recognition Expert evaluations
- Witness testimony
These forms of evidence are often subjective and open to challenge.
Drug Recognition Experts (DRE Officers)
Many prescription drug DUI investigations involve officers known as Drug Recognition Experts.
These officers receive specialized training designed to identify potential drug impairment.
Their evaluations may include observations regarding:
- Eye movements
- Balance
- Coordination
- Speech patterns
- Vital signs
Although prosecutors often rely heavily upon DRE opinions, those opinions are not infallible.
Like any witness, their conclusions may be challenged.
Side Effects Often Mimic Impairment
One of the most important issues in prescription drug DUI cases involves medication side effects.
Many legitimate medical conditions and medications may cause symptoms such as:
- Fatigue
- Slowed speech
- Balance problems
- Dizziness
- Confusion
- Dry mouth
These symptoms are often cited by officers as evidence of impairment.
However, they may have innocent explanations.
Medical Conditions Can Be Misinterpreted
Many drivers arrested for prescription drug DUI suffer from legitimate medical conditions.
Examples include:
- Chronic pain
- Neurological disorders
- Anxiety disorders
- Sleep disorders
- Physical injuries
Officers may misinterpret symptoms of these conditions as signs of impairment.
This frequently becomes an important defense issue.
Field Sobriety Exercises In Prescription Drug Cases
Field sobriety exercises often play a major role in prescription drug DUI investigations.
Many medications and medical conditions can affect performance.
Potential factors include:
- Fatigue
- Physical limitations
- Balance issues
- Chronic pain
- Neurological conditions
Poor performance does not automatically establish impairment.
Related Page:
Field Sobriety Exercises
Blood Testing In Prescription Drug Cases
Many prescription drug DUI investigations involve blood testing.
Blood tests may identify the presence of medication.
However, the presence of a substance is not necessarily the same as impairment.
Important questions often include:
- What medication was present?
- In what amount?
- When was it taken?
- Was the level therapeutic?
- Does the result establish impairment?
These questions frequently require expert analysis.
Related Page:
Blood Test DUI Cases
Hospital Blood Draw Cases
Some prescription drug DUI prosecutions involve blood samples obtained during medical treatment.
These situations often present additional legal issues involving:
- Search warrants
- Medical privacy
- Consent
- Constitutional protections
These issues should be carefully reviewed.
Prescription Drugs And Accident Investigations
Some prescription drug DUI cases arise following traffic accidents.
In these cases, investigators may examine:
- Toxicology evidence
- Accident reconstruction
- Medical records
- Witness statements
The fact that an accident occurred does not automatically establish impairment.
Related Page:
DUI Causing Property Damage Or Injury
The Presence Of A Drug Does Not Equal Impairment
This is one of the most important concepts in prescription drug DUI cases.
Many medications remain detectable long after their effects have diminished.
As a result:
- Presence does not automatically equal impairment.
- Detection does not automatically equal guilt.
- A positive test result does not automatically establish criminal liability.
The prosecution must still prove impairment.
Common Defenses In Prescription Drug DUI Cases
Every case is unique.
Potential defenses may include:
Lack Of Impairment
The State may be unable to prove actual impairment.
Therapeutic Medication Levels
The detected medication may have been present at normal prescribed levels.
Medical Explanations
Symptoms attributed to impairment may actually result from medical conditions.
Faulty Toxicology Analysis
Laboratory testing and interpretation may be challenged.
Drug Recognition Expert Challenges
DRE conclusions may be disputed.
Faulty Field Sobriety Exercises
Physical conditions may affect performance.
Constitutional Violations
Searches, seizures, blood draws, and interrogations must comply with constitutional requirements.
Why Early Investigation Matters
Important evidence may exist shortly after arrest.
Examples include:
- Medical records
- Prescription records
- Toxicology reports
- Body camera footage
- Witness statements
Prompt investigation may identify defenses and preserve critical evidence.
Frequently Asked Questions
Can I Be Charged With DUI If I Have A Valid Prescription?
Yes.
A valid prescription does not automatically prevent a DUI charge.
Is It Illegal To Drive After Taking Prescription Medication?
Not necessarily.
The issue is whether the medication impaired your normal faculties.
What If I Took The Medication Exactly As Prescribed?
That fact may be important evidence in your defense.
Does A Positive Blood Test Automatically Mean I Am Guilty?
No.
The State must still prove impairment.
Can A Prescription Drug DUI Be Reduced Or Dismissed?
Some cases are successfully challenged, reduced, or dismissed.
Every case depends upon the facts and evidence.
Why Clients Choose Patrick J. McGeehan
Many attorneys handle DUI cases.
Few have participated in impairment investigations before becoming lawyers.
Patrick’s background includes:
- Former DUI Investigator
- Police Officer
- Police Instructor
- Retired Traffic Homicide Investigator
- Retired Homicide Detective
- Trial Attorney
Most attorneys learn impairment investigations from reports and training materials.
Patrick participated in them.
That experience provides valuable insight when defending prescription drug DUI cases.
A Career Dedicated To Examining The Evidence
Every prescription drug DUI case raises important questions.
Was the person actually impaired?
What do the toxicology results really show?
Are there innocent explanations for the officer’s observations?
Can the State prove its case?
Patrick has spent decades evaluating evidence and investigating those questions.
As a police officer, DUI investigator, traffic homicide investigator, homicide detective, and trial attorney, he has devoted his career to uncovering facts and determining the truth.
That same commitment guides every prescription drug DUI defense today.
Contact A Daytona Beach Prescription Drug DUI Lawyer
A prescription drug DUI charge can threaten your freedom, your driver’s license, your career, and your future.
Do not assume a positive toxicology result means conviction.
Do not assume the officer’s conclusions are correct.
The facts matter.
The science matters.
The defense matters.
Contact the Law Offices of Patrick J. McGeehan, P.A. today to schedule a consultation and learn how an experienced Daytona Beach prescription drug DUI lawyer can help protect your rights and your future.
Resources:
Leaving the Scene of an Accident With a Death
Fatal Crash Investigations in Florida