“Dr. Officer” Will See You Now: Why Prescription Meds Can Get You Arrested

By: John Guidry

Seems like half of Florida’s citizens are taking some sort of medication. No judgments here. But the problems erupt when the police pull you over, and you tell them all the meds you’re taking.

Remember the old saying, “You have the right to remain silent”? You also need to know that anything you say can be misquoted and used against you.

Once an Orlando DUI cop hears that you may be ‘under the influence’ of a prescription med, the officer’s Associate’s Degree in Law Enforcement magically transforms into the powers of an M.D. or Pharm.D. Suddenly, he can translate a simple swerve into complex chemical interactions. (Can your actual doctor diagnose that fast on the side of a highway? I didn’t think so).

Did you honestly answer the officer’s questions about your medications?

Honesty can get you arrested. Call John today at (407) 423-1117.

The Scenario: “Are You Taking Any Meds?”

Let’s throw out a common scenario:

• The Stop: You get pulled over for swerving across a lane.
• The Question: The cop asks, “Are you taking any meds?”
• The Mistake: You answer, “Well, I’m taking Oxycontin for my back.”
• The Diagnosis: The officer states that your swerving pattern “conveniently matches” that of someone under the influence of Oxycodone.

Welcome to a DUI Charge. You blow a 0.00 on the breathalyzer (because pills don’t have alcohol). A urine test is taken, but there are no results yet. Why won’t they let you go home? Because “Dr. Officer” says you are impaired.

Why These Cases Are Tough to Prove

The good news is that Prescription DUIs are much harder for the State to win than alcohol DUIs. Here are three major hurdles we use to defend you:

1. Urine vs. Blood (The “History” Problem) Impairment cannot be proven without a toxicology report.

• Urine Tests: These only show the presence of a substance being excreted. It shows what you took yesterday or last week, not what is active in your brain right now.
• Blood Tests: Only a blood test shows actual “levels,” and police often fail to get a warrant for blood in misdemeanor cases.

2. The “Corpus Delicti” Rule Your statement (“I’m taking Oxycontin”) can often be suppressed.

• The Rule: The State must prove the “Corpus Delicti” (that a crime occurred) before they can admit your confession.
• If they can’t prove you were impaired by something independent of your statement, they can’t use your statement to convict you.

3. The Name Game (Brand vs. Generic) How will the State prove Oxycontin is a controlled substance?

• The Statute: Chapter 893 lists “Oxycodone,” not “Oxycontin.”
• The Technicality: The prosecutor must present testimony that Oxycontin is the brand name for Oxycodone. A sharp defense attorney can object to the officer testifying about pharmacology. If the officer isn’t a chemist or pharmacist, he isn’t qualified to tell the jury what is inside that pill.

John’s 2026 Update: The Rise of the “DRE” and Saliva Tests

Note: In the past, officers just guessed. In 2026, they use “certified” guessing and new tech.

1. The Drug Recognition Expert (DRE) To solve the “Doctor Cop” problem, police departments now train officers as Drug Recognition Experts.

• The Process: They perform a 12-step evaluation (checking pulse, muscle tone, eye tracking) in a dark room at the station.
• The Threat: Courts often allow DREs to testify as “experts,” giving their opinion huge weight with the jury.
• The Defense: We attack the science. DRE protocols are often subjective. We challenge their findings using Daubert hearings to show the judge that their “diagnosis” is junk science.

2. Roadside Oral Fluid (Saliva) Testing Florida police are increasingly piloting Oral Fluid Swabs at the roadside.

• What it does: It detects recent drug use (unlike urine, which detects old use).
• The Strategy: Just like the breathalyzer, you generally have the right to refuse this roadside test (though consequences vary). If you refuse, we argue they lack the specific evidence needed to link your driving to a drug.

3. The “Medical Marijuana” Defense With so many Floridians holding Medical Marijuana cards in 2026, the “I’m taking meds” question is even trickier.

• Defense: We argue Tolerance. A daily medical patient can have THC in their blood without being impaired. We use expert toxicologists to explain that “presence does not equal impairment.”

Don’t Let a Cop Play Doctor

If an officer arrested you because he thinks he understands your prescription better than your physician does, we need to fight it.

Call me at (407) 423-1117. Let’s get a second opinion.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.