Can you get a DUI for legal drugs?

On Behalf of | Oct 6, 2020 | Dui / Dwi |

Believe it or not, you could get a DUI charge in Florida — and possibly even a conviction — from driving on legal drugs. That includes strong prescription medication, but it could even potentially include over-the-counter drugs, such as sleep aids, cough medicine, allergy medicine or other common remedies.

As a result, it is important that you protect your rights as much as possible during a stop and after an arrest. Please do not speak with law enforcement officers or state attorneys until you understand your position.

Why are legal drugs illegal while driving?

As explained on FindLaw, legal drugs, such as prescription painkillers, could result in intoxication. Even if your doctor says you have a right to take this medication, taking it might still give state prosecutors a reason to charge you.

The law says that, to be guilty of the crime, the prosecutor must prove you were under the influence of the substance while you were in control of the vehicle. Therefore, the drugs themselves are not illegal. However, the act of driving while under the influence of drugs might be a violation of the law.

Should you admit to taking legal drugs?

Generally speaking, everything you say to police officers or government attorneys should be part of your legal strategy. Their goal is to make it as easy as possible to convict you. Your goal is to protect your rights as much as possible.

Any statements you make about possessing or taking drugs could help the prosecution. Please form a practical, goal-oriented plan before saying anything.

DUI is a serious charge, even if it is your first offense. That includes DUI from prescription drugs that you have a legal right to possess and take. For the sake of your future, please understand the risks before you damage your case.


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