Being pulled over and arrested for driving under the influence of drugs can be overwhelming. In an instant, you might be facing fines, license loss and a criminal record. You do not have to be using street drugs, too. Even certain prescribed or over-the-counter (OTC) medications can impair your ability to drive and lead to a DUI conviction.
You might be asking: “What happens now? Will I go to jail? Can I fight this?
Let us break down the dangers of drugged driving, the legal penalties you could face under Florida law and what you need to know to protect yourself and others on the road.
Florida’s DUI law coverage
Under Florida law, the absence of alcohol doesn’t guarantee safety from prosecution. The presence of any impairing substance, legal or illegal, can be enough for a charge. This includes controlled medication such as opioids, anxiety meds or sleep aids and OTC drugs that impair your normal faculties like seeing, hearing and reacting quickly.
What penalties you could face
Drugged driving generally follows the same framework as alcohol DUIs. Even one conviction can bring lasting consequences.
- Fines: $500–$2,000; if you had a passenger under 18 or a blood alcohol level of .15 or higher (if alcohol is also involved), $2,000–$4,000
- Community service: Mandatory 50 hours, or a $10 fine per required hour
- Probation: Total probation and incarceration period cannot exceed one year
- Imprisonment: Up to 6 months; up to 9 months if aggravating factors apply
- License revocation: 180 days to 1 year for a first conviction
These significant penalties underscore the serious consequences of a drugged driving offense in Florida, even for a first-time offender. This is why taking immediate legal action is crucial.
Losing and reinstating your license
If the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) revokes your license because of the conviction, you may apply for a hardship license before your revocation ends, and requirements may vary by county. You must also complete DUI school and treatment programs. If you do not complete these within 90 days of reinstatement, the state will cancel your license again.
While the process can get complex, hiring an attorney may help you apply for a hardship license so you can continue driving to work or school.
Why you will need an attorney
You have only 10 days from your arrest to request a hearing to contest your license suspension or apply for a hardship license. Missing this window can leave you without driving privileges for months. An attorney can help you understand your options, especially if you believe law enforcement charged you unfairly or if your case involves aggravating factors.
Avoiding lifetime consequences
In Florida, a DUI conviction stays on your record for 75 years. That is a lifetime consequence for one poor decision. Even if your medication is “safe” to drive on, the safest choice is to avoid driving. Always check the label, talk to your doctor and understand how it affects your alertness.
If you have already been charged, know that you still have options and defenses. You don’t have to face this alone. A skilled DUI attorney can protect your rights, challenge the evidence and help you work toward a favorable outcome.