Can I Get a DWI in Texas for Prescription Drugs?

Yes, you can be arrested and charged with DWI (driving while intoxicated) in Texas after taking prescription drugs, rather than alcohol.

While DWI typically refers to driving offenses involving alcohol, a DWI arrest or charge also can stem from a driver being impaired due to taking prescription medications. (DUI, or driving under the influence, is a charge that applies only to minors under 21, the legal drinking age in Texas, and it can be applied to any amount of alcohol consumed by a driver.)

That said, it is not illegal, in itself, for an adult to drive after having taken a prescription drug.

However, it is illegal if the driver lacks a legal prescription for the drug, and it’s also illegal if the drug leads to what is later deemed intoxication while driving.

According to the Texas Penal Code (TPC), intoxication means a driver lacks the mental and physical ability to operate a motor vehicle safely.

The cause of such intoxication can be alcohol, controlled substances (such as cocaine or marijuana), other illegal drugs or even legal prescription drugs and over-the-counter medications.

Intoxication due to alcohol can be measured in several ways at the time of arrest, including so-called breathalyzer tests. Another measurement of driver ability is field sobriety tests, which use walking or standing exercises to assess balance, coordination and control.

While prescription drugs cannot be measured by a breathalyzer test, a driver who’s suspected of poor performance due to drugs can be given a field sobriety test to account for impaired driving. Also, a driver’s performance behind the wheel before the stop and arrest can suggest to an observing officer that the driver was impaired, thus providing probable cause to arrest the driver for DWI.

Field sobriety tests for prescription drugs tend to be subjective and reliant on officers’ opinions, which means they can be challenged in court.

After an arrest, police also may ask a driver to submit to a blood test. While that might or might not reveal the nature and level of prescription medication in your system, it could be enough to lead to a charge of DWI.

Police may also rely on drivers’ statements when stopped on the road. If a driver admits to police that he or she took a sedative, pain medication, antidepressant or other prescription drug before driving, that can be used against the driver as evidence.

Certainly, a driver should not make the police officer’s job easier by stating that he or she took a prescription drug – which, after all, may not have had any impact on their driving performance.

Which prescription drugs can cause a DWI arrest?

The most common prescription drugs involved in Texas DWI arrests for medications include opioids; Soma (the brand name for carisoprodol, taken for musculoskeletal pain and anxiety); Vicodin (a pain medication); and Xanax (for anxiety and panic disorders, with Xanax being the brand name for alprazolam).

Such drugs could be construed by police as the cause of poor, erratic or dangerous driving behavior.

How severe or harsh are Texas penalties for prescription drug DWI?

As for the harshness or severity of Texas penalties for a DWI charge based on prescription drug use, they are the same as for a DWI charge that is due to alcohol use.

Whether for alcohol or prescription drugs, an adult’s first-time DWI offense can bring a Class B misdemeanor charge, for which punishment can be as many as six months, or 180 days, in jail, a fine of $2,000 and suspension of a driver’s license for between three months and one year.

Even after a driver’s license is restored, offenders may be ordered to pay $1,000 to $2,000 per year for a three-year period to retain the driver’s license. Also, upon release from jail an offender may be placed on probation for a set time period, ordered to take educational classes about alcohol abuse or ordered to do community service.

As for jail time, minimum jail time can be applied, that being at least three days, or 72 hours, in jail.

If you are arrested for DWI while having a child under 15 years old in the vehicle, the charge can be worse than a Class B misdemeanor. That is a state jail felony, whose penalties include six months to two years in jail, a fine of up to $10,000 and a six-month driver’s license suspension.

A DWI charge also can be worse if you have previous DWI convictions. Then the charge may range higher, from a Class A misdemeanor up to a first-degree felony.

A Class A misdemeanor charge for a second offense doubles the penalties for a Class B misdemeanor, with jail time being up to one year, and a fine being up to $4,000.

An adult arrested for a third DWI offense then faces a third-degree felony charge, whose punishments include up to 10 years in prison and a fine of up to $10,000.

And if a collision caused by an intoxicated driver results in serious injuries or even death is, the charge can be intoxication assault or intoxication vehicular manslaughter, which can mean 20 years in prison.

Keep in mind that any DWI charge is onerous in that it gives you a permanent criminal record. That can make it more difficult to get good employment, rent an apartment or home, be admitted to some schools or get a student loan.

What are the defenses against a DWI charge for prescription drugs in Texas?

Such difficult punishments make it clear that you must engage an experienced Texas DWI defense lawyer or attorney to protect your legal rights.

What are some DWI charge defenses? Those may include establishing that an arresting officer violated your legal rights by failing to follow the guidelines for giving a field sobriety test set by the National Highway Traffic Safety Administration.

Or, if a blood test was taken, its accuracy can be challenged. Testing labs that look for drugs in the blood must follow certain procedures, and failure to do so can invalidate a blood test.

A skilled DWI lawyer also can argue that officers lacked reasonable suspicion of impaired driving based on their observations, and thus might have violated your legal rights simply by stopping your vehicle. If that is established, any evidence officers obtained at the stop might not be admissible in court.

These and other arguments can be used by your DWI defense attorney to negotiate with prosecutors before a trial. That may lead to getting your prescription drug DWI charge reduced, or perhaps even dismissed, with no need for a trial.

Contact Texas award-winning Neal Davis Law Firm today to explore your legal options and your defenses for a DWI prescription drug charge. Your freedom may depend on it.