Bradenton Prescription Drug DUI Lawyer
You can be charged with DUI in Manatee County with no alcohol in your system. Florida's DUI statute covers driving while your normal faculties are impaired by a controlled substance or certain chemical substances, and a valid prescription is not a defense by itself. Unlike alcohol, there is no legal limit for a drug, so the State has to prove actual impairment.
Daniel D. Nawara is a former Assistant State Attorney in the Twelfth Judicial Circuit, which includes Manatee County, and has handled hundreds of DUI cases of every type. Call or text (941) 920-5514, 24/7, or request a free consultation.
What the State has to prove
Under section 316.193(1)(a), the State must prove that you were driving or in actual physical control of a vehicle, and that you were under the influence of a substance controlled under chapter 893 or a chemical substance listed in section 877.111, to the extent that your normal faculties were impaired. Three points follow from that:
The drug must be on the list. Many prescriptions are controlled substances, including alprazolam (Xanax), clonazepam, oxycodone, hydrocodone, zolpidem (Ambien) and amphetamine medications. An over-the-counter or non-controlled medication does not support a DUI charge under this section.
Presence is not impairment. A positive test shows a drug or its metabolite was in your body. It does not show when you took it or that it affected your driving.
A prescription does not end the case. Taking a medication exactly as prescribed is relevant, but the statute has no exception for lawful use. The same is true of medical marijuana.
How these cases usually start
Most begin as an ordinary DUI stop by the Bradenton Police Department, the Manatee County Sheriff's Office or the Florida Highway Patrol. The officer reports signs of impairment, the breath test comes back at or near 0.000, and the officer then asks for a urine sample. Some agencies call in a drug recognition expert, an officer trained to run a 12-step evaluation and give an opinion on the category of drug involved.
Urine and blood testing
Urine. Under section 316.1932, an officer with reasonable cause to believe you are under the influence of a controlled or chemical substance may request a urine test after a lawful arrest, at a detention facility or another facility equipped to collect it.
Blood. A blood draw is generally limited to cases where you are at a hospital or medical facility and a breath or urine test is impractical, or to crashes involving death or serious bodily injury.
Refusal. Refusing a lawful urine test brings a 1-year administrative suspension for a first refusal. Since October 1, 2025, a first refusal of a lawful breath or urine test is also a second-degree misdemeanor (s. 316.1939; ch. 2025-121).
A urine result does not measure how much of a drug was active in your system at the time of driving. Some substances stay detectable for days after any effect has ended.
Your license
The administrative suspension that starts at arrest applies when a breath or blood alcohol result is 0.08 or higher, or when you refuse a test. If you gave a breath sample under 0.08 and a urine sample, there is usually no administrative suspension. A conviction still brings a court-ordered revocation. If you did receive a notice of suspension, the 10-day deadline applies.
Penalties
The penalties are the same as for an alcohol DUI. A first conviction carries a fine of $500 to $1,000, up to 6 months in jail, probation, at least 50 hours of community service, DUI school, a 10-day vehicle impoundment and license revocation of 180 days to 1 year. Prior convictions, a crash or an injury raise the range. See Bradenton DUI lawyer.
What a defense examines
The reason for the stop and the basis for the arrest.
Body-camera and dash-camera video compared with the written report.
Medical conditions, injuries, fatigue or age that explain the officer's observations or the field sobriety exercises.
Whether the drug recognition evaluation followed its protocol, and whether one was done at all.
The lab report: what was tested, what was found, and whether the substance is one the statute covers.
Your prescription records, dosage and how long you had been on the medication. See subpoenas for medical and blood records.
Frequently asked questions
Can I get a DUI for taking my own prescription?
Yes, if the medication is a controlled substance and the State proves it impaired your normal faculties while you were driving. Having a prescription is not a defense by itself.
Is there a legal limit for prescription drugs in Florida?
No. Florida has a 0.08 limit for alcohol only. In a drug case the State must prove impairment through the officer's observations, video and testing.
I blew 0.000. Why was I still arrested?
An officer who believes you are impaired by something other than alcohol can still arrest you and ask for a urine sample.
Does a medical marijuana card protect me?
No. A card makes possession lawful. It does not make it lawful to drive while impaired.
Will my license be suspended right away?
Usually not if you gave both samples and your breath result was under 0.08. A refusal triggers an administrative suspension.
Where will my case be heard?
At the Manatee County Judicial Center, 1051 Manatee Avenue West, Bradenton.
Speak with a DUI lawyer serving Bradenton
Call or text (941) 920-5514, available 24/7, or request a free consultation. Bring your citation, any notice of suspension, your bond paperwork and a list of your medications. The fee is flat and payment plans are available. For Sarasota County cases, see Sarasota prescription drug DUI.
Reviewed by Daniel D. Nawara, Florida Bar No. 123626. Updated October 2026. General information only, not legal advice. No outcome is guaranteed. Contacting the firm does not by itself create an attorney-client relationship.
Sources: Fla. Stat. § 316.193, § 316.1932, § 316.1933, § 316.1939, § 322.2615, § 877.111, ch. 893; Ch. 2025-121.