The legal definition of a DUI is defined in Florida Statute Florida Statute 316.193, which states that a driver is “under the influence” if they have taken a drug and their “normal faculties are impaired.”
What does that mean? If a person has taken something that has affected their physical or mental capacities and are unable to safely operate a vehicle, they are driving while impaired.
For example, if you have been legally prescribed Alprazolam (“Xanax”) for anxiety and need to leave the house for any reason, you may be arrested for driving under the influence of prescription medications. Another common example is driving while under the influence of a high dosage of Adderall. This drug is used to treat ADHD, and although you can drive safely while taking it, if you take too much of it you may become more prone to aggressive or dangerous driving. Of course, if you regularly take these medications, they will always show up in a urine specimen.
In this instance, you could be charged with a DUI even though the medication was legally prescribed to you and you are using it to treat a chronic condition.
