Prescription Drug DWI Charge in Texas

Most DWI and DUI charges in Texas are the result of driving under the influence of alcohol.  Many people do not realize that they could be charged with a DWI for being under the influence of their prescription medication.  The most common prescription medications that result in DWI charges are painkillers such as hydrocodone and oxycodone, among others.

In Texas, individuals may be charged with a DWI for being under the influence of mind-altering prescription drugs.  While pain medication is the common culprit, other medications may equally impair your ability to operate a motor vehicle.  Sleeping pills and anti-anxiety medication can impair your abilities just like painkillers, and even medication prescribed to treat depression or epilepsy.  You may be subject to the same or similar consequences as someone who is charged with a DWI who was under the influence of alcohol.

It is a common misconception that if something is technically legal, such as taking medication that is prescribed to you, then you are immune from prosecution for anything related to your taking that medication.  But the consumption of alcohol is technically legal as well for individuals 21 years of age and older.  It is only where alcohol is combined with driving that potential DUI or DWI charges result.  Think of prescription medication like alcohol.  The practice itself is okay as long as it is not combined with operating a motor vehicle.  You should assume that any prescription medication you have may have impairing effects.

There are always defenses to any criminal charge.  If you have a prescription medication that you know impairs your ability to function, then you are aware that you should not operate a motor vehicle while under the influence of that medication.  However, if you have a medication and know that this particular medication does not impair your ability to drive, yet you are charged with a DWI, you may have defenses available to you.  Many prescription medications will be identified in blood tests and the police may try and link any particular medication to your driving.

With the prevalent use of prescription medication today, the law is not crystal clear as to what particular medications can result in a DWI charge.  Without a doubt, pain medication can result in such a charge.  But other medications may not.  For example, you may have a prescription medication that has never impaired your ability, but has impaired the ability of many other people.  When a medication treats different people in different ways, law enforcement should not look at all cases in the same way.  When the law cannot be applied the same way for everyone, you can fight your charge, but you should do so with the help of an attorney.

If you have been charged with a DWI for being under the influence of prescription medication while driving, contact an experienced criminal defense attorney as soon as possible.  Regardless of what medication you were taking at the time you were pulled over, you need an attorney to evaluate all aspects of your case.  Attorney Jack Pettit has years of experience in DUI and DWI defense.  He can review the charges against you and challenge anything that does not comply with the law.  Don’t go to court alone and plead your case without an attorney like Mr. Pettit on your side.  You deserve the best representation possible and something that seems so small as taking a prescription medication while driving can result in serious long-lasting consequences for years to come.  Contact our office today by calling 214-521-4567 to speak with Mr. Pettit.  We accept major credit cards and offer services in both English and Spanish.

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