DUI for Prescription Drugs in West Palm Beach FL

Prescription drugs are meant to make life easier. So long as you have a valid prescription, it’s your legal right to take them accordingly. But in certain situations, taking prescribed medication can result in needing to hire a West Palm Beach prescription drugs DUI lawyer.

You see, prescription drugs can cause side effects that mimic symptoms of drug or alcohol impairment. This can result in being arrested for DUI simply from taking prescribed medication.

In this situation, you face severe potential penalties. It’s imperative that you work with a focused, knowledgeable FL prescription drugs DUI attorney to protect your freedom and your future.

How Does Florida Law Define Impairment by Prescription Drugs While Driving?

Under the Florida Statutes § 316.193, impairment by prescription drugs while driving is defined as:

“Driving or in actual physical control of a vehicle within this state and… affected to the extent that the person’s normal faculties are impaired.”

Said another way, if your abilities to walk, talk, drive, etc. are below the normal level due to prescription drugs and you’re operating a vehicle, you can be charged with prescription drug DUI.

However, the prosecution still has to prove that you consumed the drugs, that your faculties were impaired, and that you were operating the vehicle. And a breathalyzer test can’t detect prescription drugs.

Instead, you may be asked to submit to a blood or urine test. You may also be examined by a Drug Recognition Expert (DRE) at the time of your arrest. This person’s job is to determine if you’re impaired and by which specific substance, and then present their findings in court.

Penalties for Prescription Drug DUI Charges in Florida

The potential penalties for prescription drugs DUI charges in West Palm Beach FL depend heavily on the specific details of your case. Factors like whether this is your first DUI and if there was a minor in the vehicle can have a huge impact.

For your first prescription drug DUI offense, the potential penalties are:

Up to six months in jail
Fines between $500 – $1,000
Driver’s license suspension for 180 days
Up to one year of mandatory probation
50 hours of community service
Mandatory DUI re-education course
Substance abuse evaluation and treatment

For a first offense with a minor in the vehicle, your consequences may include:

Up to nine months in jail
Fines between $1,000 – $2,000
Driver’s license suspension for one year
Mandatory ignition interlock device for six months
Up to one year of mandatory probation
50 hours of community service
Mandatory DUI re-education course
Substance abuse evaluation and treatment

If this is your second prescription drugs DUI within five years, you may be sentenced to:

Up to nine months in jail
Fines between $1,000 – $2,000
Driver’s license suspension for five years
Mandatory ignition interlock device for one year minimum
Up to one year of mandatory probation
Mandatory DUI re-education course
Substance abuse evaluation and treatment

For a second offense with a minor in the vehicle, the legal penalties include:

Up to one year in jail
Fines between $2,000 – $4,000
Driver’s license suspension for five years
Mandatory ignition interlock device for one year minimum
Up to one year of mandatory probation
Mandatory DUI re-education course
Substance abuse evaluation and treatment

If this is your second prescription drugs DUI, but it’s been more than 5 years since your last conviction, you’re facing:

Up to nine months in jail
Fines between $1,000 – $2,000
Driver’s license suspension for six months
Mandatory ignition interlock device for one year minimum
Up to one year of mandatory probation
Mandatory DUI re-education course
Substance abuse evaluation and treatment

For a third offense within 10 years of your first DUI conviction, the potential consequences are:

Up to one year in jail
Fines between $1,000 – $5,000
Driver’s license suspension for 10 years
Mandatory ignition interlock device for two years minimum
Up to one year of mandatory probation
Mandatory DUI re-education course
Substance abuse evaluation and treatment

For a third offense within 10 years and if there was a minor in the vehicle, your sentence can include:

Up to one year in jail
Fines between $4,000 – $5,000
Driver’s license suspension for 10 years
Mandatory ignition interlock device for two years minimum
Up to one year of mandatory probation
Mandatory DUI re-education course
Substance abuse evaluation and treatment

For your fourth prescription drugs DUI or greater—no matter how long ago your previous convictions were, and whether you had a minor in the vehicle or not—the penalties include:

Up to five years in jail
Fines between $2,000 – $5,000
Permanent revocation of driver’s license
Mandatory ignition interlock device for two years minimum
Minimum one year of mandatory probation, up to five years
Mandatory DUI re-education course
Substance abuse evaluation and treatment

You may face further penalties if you refuse to submit to a blood or urine test. Under the Florida Statutes § 316.1932, by operating a motor vehicle in the state of Florida, you give your implied consent to these tests.

For your first refusal, you’ll lose your driving privileges for one year. For a subsequent refusal, the revocation lasts 18 months.

The sooner you contact a knowledgeable West Palm Beach prescription drugs DUI lawyer, the earlier you can start minimizing the likelihood of suffering these serious consequences.

Get Help from a Dedicated, Knowledgeable West Palm Beach Prescription Drugs DUI Lawyer

Many people think that a prescription drugs DUI in West Palm Beach is less serious or less impactful on their future than an alcohol-related DUI. But nothing could be further from the truth.

Whether this is your first DUI or not, you face serious penalties that can forever change the course of your life.

You need the strongest possible defense strategy and a skilled, knowledgeable West Palm Beach prescription drugs DUI lawyer like Andrew Simko of Simko Law Group. Call (561) 951-1264 now to schedule your free case consultation.

FAQs About Prescription Drugs DUI Charges in West Palm Beach FL

Can you be charged with a DUI in West Palm Beach if you have a valid prescription?

Yes, you can be charged with a DUI in West Palm Beach if you have a valid prescription—and this is still true regardless of whether you took the prescribed amount of the medication.

Florida law states a person can be arrested for DUI so long as they were “affected to the extent that the person’s normal faculties are impaired.”

So, even if you took exactly the prescribed amount of your medication, you may still find yourself facing prescription drugs DUI charges in West Palm Beach FL.

Can you lose your driving privileges in Florida for a prescription drug DUI?

Yes, you can lose your driving privileges in Florida for a prescription drug DUI. The period of revocation depends on a few factors, including whether this would be your first or subsequent DUI conviction:

First offense – Loss of driving privileges for a minimum of 180 days
Second offense within five years – Loss of driving privileges for a minimum of five years
Third offense within 10 years – Loss of driving privileges for a minimum of 10 years
Fourth conviction at any time – Permanent loss of driving privileges for life

What should you look for in a lawyer for handling a prescription drug DUI case?

You should look for the following qualities in a prescription drugs DUI attorney:

Up-to-date legal knowledge – As drug laws in FL change often, you need an attorney who’s both well-versed and up-to-date on every law that impacts your case
Successful track record – If an attorney hasn’t helped clients facing similar charges win favorable results, they may not be the best fit for your needs
Experienced with trials – While many prescription drug DUI cases are settled before going to trial, it’s important to hire an attorney who’s comfortable with the entire legal process
Communication skills – Since legal proceedings can often be mentally draining, look for a lawyer who communicates clearly, effectively, and often to keep you in the loop

If you or a loved one are facing prescription drug DUI charges, contact Simko Law Group today at (561) 951-1264.

As a former Florida prosecutor, our West Palm Beach drugs DUI lawyerAndrew Simko has years of experience on both sides of the legal process—and this knowledge can make all the difference in winning a favorable outcome in your case. Contact us today for your free case consultation.