Driving while intoxicated, or DWI, often brings to mind people under the influence of alcohol. Many don’t realize that driving while on certain prescription medications can also lead to a DWI charge in Texas. This law is in place because some medications can impair a person’s ability to drive safely, just like alcohol or illegal drugs. Here, we’ll look at how Texas law treats DWI cases involving prescription medication and what people need to know if they face this charge. At, Wilder Law Firm, we are here to guide you through the legal process and help you navigate the complexities of your case.

Understanding DWI Laws in Texas

Texas takes driving under the influence very seriously. Under Texas law, a DWI means operating a vehicle while having an alcohol concentration level of 0.08% or more, or while impaired by alcohol, illegal drugs, or medications. For prescription drugs, a DWI can happen if the medication affects the driver’s mental or physical ability to drive. This means that even if a person is taking their medicine as directed, they can still be charged with a DWI if the medication impairs their ability to drive. The law is strict because impaired drivers can cause accidents that may harm or even kill others on the road. This focus on public safety is why Texas law applies to any substance that could impair someone behind the wheel.

Prescription Medication and Impairment

People take prescription medications for many reasons, from pain relief to anxiety management. However, many medications have side effects that can make driving unsafe. Some common side effects that might impact driving include drowsiness, dizziness, slowed reaction times, and blurred vision. Medications for anxiety, depression, allergies, and pain can all affect a driver’s abilities, even if taken exactly as prescribed. Some medications come with warnings about operating heavy machinery or driving after taking them. The label might read “may cause drowsiness” or “do not drive or operate machinery.” These warnings are essential, as they remind patients of the possible impact on activities like driving. Ignoring these warnings can put the driver and others at risk, as well as make them legally vulnerable.

PROTECTING YOUR RIGHTS AND FUTURE

Criminal Defense Attorney

Douglas Wilder

PROTECTING YOUR RIGHTS AND FUTURE

Criminal Defense Attorney

Douglas Wilder

Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023. .

PROTECTING YOUR RIGHTS AND FUTURE

Criminal Defense Attorney Douglas Wilder

Common Prescription Drugs Linked to DWI Charges

Certain types of medications are more likely to lead to DWI charges due to their effects on the brain and body. Opioids prescribed for pain relief, for example, can slow down reaction times and make a person feel sleepy. Anti-anxiety medications and sleep aids can have similar effects, sometimes lasting well into the next day. Stimulants, which may be prescribed for ADHD, can lead to risky driving behavior if they cause agitation or impair judgment. Antihistamines, often used for allergies, can cause drowsiness, making them another potential risk for drivers. The court examines each case individually, meaning that the specific medication and its effects on the driver are considered. However, if a driver shows signs of impairment, whether from alcohol, illegal drugs, or prescription medications, they could be charged with a DWI.

What the Prosecution Must Prove

To convict someone of a DWI involving prescription medication, the prosecution must prove that the person’s driving was impaired by the medication. This can be challenging, as it requires showing that the medication affected the person’s ability to drive safely. Sometimes, this might involve testimony from an officer who observed the driver, medical records, or even an witness to explain how the drug impacted the driver’s body and mind. In some cases, a blood test may be used to confirm the presence of the medication. However, unlike alcohol, where a blood alcohol concentration can provide a clear measure of impairment, there isn’t a similar measurement for most medications. As a result, the prosecution usually relies on observations and evidence of the driver’s behavior at the time of the incident.

Better call Doug!! Doug is the best lawyer you can find for DWI or DUI cases in Dallas. I read many reviews before choosing Doug for representing my case. Doug handled DWI and DUI cases for last 25 years, He has good relationships with DA office and is Well respected in the community. I have peace of mind with plea bargain today for my case. He also won other case filed on my license suspension. Amy (Paralegal) will help you through out the case. She is very persistent and detailed about the case details. You will never go wrong for chosing Doug. Goodluck. !!”

- Anil Lingutla

I was charged with a DWI and resisting arrest. Knowing Mr. Wilder previously, I went with the Wilder Law Firm to help me out. Their office was able to get my resisting charge thrown out and reduced my DWI charge for me. This result and lesser sentence allows me a better opportunity to recover from the mistake I made. I appreciate Megan being so kind and patient with me during my process. I would recommend her 10/10."

- Isaac Harrell

After being arrested for DUI, I contacted Doug Wilder upon recommendation. Mr. Wilder and his entire staff were amazing with their professional handling of my case from start to finish. Every time I rang with questions someone answered the phone, no long waits for a return call. This was important to me considering a DUI is so stressful. Mr. Wilder and his staff not only got my case dismissed but also guided me through the process and offered utmost care. I cannot thank them enough and highly recommend the Wilder Firm."

- JJ Canter

How a DWI on Prescription Medication Can Impact Your Life

A DWI on prescription medication can have serious effects on someone’s life. If convicted, a person may face fines, jail time, and a criminal record. They might also lose their driver’s license, which can impact their ability to work, attend school, or care for family. Even after any penalties are over, a DWI conviction can still appear in background checks for jobs, housing, or other areas, affecting a person’s future opportunities. The costs of a DWI go beyond legal fees and fines. Many people face increased insurance rates and may need to attend drug or alcohol education programs. For some, a DWI conviction can cause emotional stress, impacting relationships and overall well-being.

Defending Against a DWI Charge Involving Prescription Medication

If you or someone you know faces a DWI charge related to prescription medication, there are ways to defend against the charge. One defense might be to show that the driver took the medication as prescribed and followed all instructions. In these cases, a defense attorney may argue that the driver did not know the medication would impair their driving or that they acted responsibly by taking it only as directed. Another defense might involve questioning the evidence that the prosecution presents. A defense attorney may challenge the observations of the arresting officer or question whether a medical professional warned the driver about possible side effects. Sometimes, the defense may show that other factors, such as a medical condition, might have caused the behavior that led to the arrest. Every case is different, so a defense strategy must be tailored to the facts. Consulting with an attorney experienced in DWI cases involving prescription medication is essential, as these cases can be complex and require a thorough understanding of the law.

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Preventing a DWI with Prescription Medication The best way to avoid a DWI involving prescription medication is to understand how your medications affect you and follow all instructions from your doctor or pharmacist. If a medication has side effects that might impact driving, consider waiting to drive until you understand how it affects you or look for alternative ways to get where you need to go. Talking with your doctor is essential, especially if you need to take medications regularly and still drive for work or family responsibilities. Your doctor can help you understand the risks and may suggest different medications or doses that could lower the risk of impairment. Additionally, pharmacies can provide information on drug interactions and effects, making them a helpful resource.

Understanding the Consequences in Texas

Texas courts view driving under the influence as a serious offense, no matter the substance involved. Penalties for a DWI involving prescription medication are similar to those for alcohol-related DWI cases. This means that even though a driver has a prescription, the court may not reduce the penalties if they are convicted. The focus is on whether the driver’s abilities were impaired, not whether the medication was legally prescribed. A first-time DWI offense in Texas can lead to fines, probation, or even jail time, depending on the circumstances. Repeat offenses carry even harsher penalties, including longer jail sentences and higher fines. A conviction can have long-lasting effects on a person’s life, making it crucial to take the charge seriously.

Legal Help for a Prescription Medication DWI in Texas

If you are facing a DWI charge due to prescription medication, you do not have to face it alone. Legal professionals understand how to navigate these cases and can provide guidance to help you through the process. It’s important to remember that a DWI conviction can impact many areas of your life, so taking the time to understand your options is essential. An attorney can evaluate your case, explain possible defenses, and help you make informed decisions. With the proper legal support, you may be able to reduce penalties, get charges dismissed, or reach a resolution that lets you move forward. Having someone on your side who understands the Texas DWI laws for prescription medication cases can make a big difference. If you are dealing with a DWI charge involving prescription medication in Texas, you don’t have to face it alone. The experienced team at Wilder Law Firm understands the challenges of these cases and is here to support you through each step. Whether you’re looking for advice, need to understand your options, or are ready to build your defense, Wilder Law Firm can guide you through the process. Reach out today to get the support you need and take the first step toward resolving your case.