Driving while intoxicated (DWI) is a serious offense in Texas, but many people don’t realize that it doesn’t just apply to alcohol. Prescription drugs can also impair your ability to drive and lead to a DWI charge. Texas law treats drivers under the influence of prescription medications in much the same way as those who have consumed alcohol. If you are taking medication that affects your ability to drive safely, you could find yourself facing legal trouble, even if the drugs were prescribed to you by a doctor. Understanding how prescription drugs and DWI laws work in Texas is important for anyone who drives while taking medication. At Wilder Law Firm , we are here to guide you through the legal process and help you navigate the complexities of your case.
The Laws Surrounding Prescription Drugs and DWI
In Texas, it is illegal to drive if you are under the influence of any substance that impairs your ability to operate a vehicle safely. This law applies to both illegal drugs and prescription medications. The law doesn’t differentiate between drugs that are legally obtained and those that are not. If you are impaired, you can be charged with a DWI, even if the drugs in your system were prescribed by a doctor. Prescription drugs like painkillers, antidepressants, sleep aids, and even some allergy medications can impair your ability to drive.
When a driver is pulled over for suspected impairment, law enforcement officers will look for signs that the driver is not able to operate their vehicle safely. This can include things like swerving, failing to stop at lights, or driving too slowly. If the officer suspects that drugs are involved, they may ask the driver to take a field sobriety test or a chemical test. These tests are designed to determine if the driver is impaired, regardless of whether the substance is legal or illegal.
Common Prescription Medications That Can Lead to a DWI
There are many types of prescription medications that can impair your ability to drive. Some of the most common include painkillers, such as opioids, which are often prescribed after surgery or for chronic pain. These drugs can cause drowsiness, slow reaction times, and impair judgment, making it dangerous to drive. Another common class of prescription drugs that can lead to impairment is antidepressants. While these medications are often necessary for managing mental health conditions, they can also cause side effects like dizziness, confusion, and slowed thinking. If you are taking these drugs, it is important to know how they affect you before getting behind the wheel.
PROTECTING YOUR RIGHTS AND FUTURE 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. .
Criminal Defense Attorney
Douglas Wilder
Sleep aids are another type of prescription drug that can lead to a DWI charge. Many people who struggle with insomnia or other sleep disorders take medication to help them get a good night’s rest. However, these drugs can sometimes linger in the system, leading to drowsiness or confusion the next day. Driving while under the influence of sleep aids can be just as dangerous as driving after consuming alcohol.
Even some over-the-counter medications can impair your ability to drive safely. Allergy medications, for example, often contain ingredients that can cause drowsiness. While these medications are readily available at pharmacies without a prescription, they can still lead to a DWI charge if they impair your driving ability.
Penalties for Driving Under the Influence of Prescription Drugs
The penalties for a DWI involving prescription drugs in Texas are similar to those for alcohol-related DWIs. If you are convicted of driving while intoxicated, you could face fines, jail time, and a suspension of your driver’s license. The exact penalties depend on several factors, including whether it is your first offense, whether anyone was injured, and how impaired you were at the time of the arrest.
For a first-time DWI offense, the penalties can include up to six months in jail, a fine of up to $2,000, and a driver’s license suspension of up to one year. If it is your second or third offense, the penalties increase significantly. You could face up to one year in jail, higher fines, and a longer suspension of your driver’s license. In cases where someone is injured or killed as a result of impaired driving, the penalties are even more severe.
Texas takes DWI cases seriously, whether they involve alcohol, illegal drugs, or prescription medications. In addition to the legal consequences, a DWI conviction can also have long-term effects on your life. It can lead to increased insurance rates, difficulty finding a job, and damage to your reputation. That is why it is so important to understand the laws regarding prescription drugs and driving in Texas and to make sure you are not putting yourself or others in danger when you get behind the wheel.
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
What to Do if You Are Pulled Over for a DWI Involving Prescription Drugs
If you are pulled over by law enforcement for a suspected DWI, it is important to remain calm and cooperate with the officer. You may be asked to perform a field sobriety test or take a chemical test to determine if you are impaired. If you are taking prescription medication that could affect your ability to drive, it is important to inform the officer. However, you should not admit guilt or say anything that could be used against you in court.
After the arrest, you will be taken to jail, and you will need to post bail to be released. It is important to contact a lawyer as soon as possible to begin preparing your defense. An experienced DWI lawyer will be able to review the details of your case and determine the best strategy for defending you in court. They can also help you understand your rights and the potential consequences of a DWI conviction.
Defending Against a DWI Charge Involving Prescription Drugs
There are several ways to defend against a DWI charge involving prescription drugs. One common defense is that the driver was not actually impaired at the time of the arrest. Just because a person has prescription drugs in their system does not necessarily mean they were unable to drive safely. In some cases, the results of the field sobriety test or chemical test may be inaccurate, or the driver may have been unfairly targeted by law enforcement.
700+ ACQUITTALS, DISMISSALS & REDUCTIONS FOR OUR CLIENTS
Another possible defense is that the driver was not aware of the side effects of the medication they were taking. Many prescription drugs come with warnings about potential side effects, but in some cases, the driver may not have been properly informed about how the medication could affect their ability to drive. If the driver did not know that their medication could impair them, they may be able to argue that they should not be held responsible for the DWI.
A lawyer can help you determine the best defense strategy for your case. It is important to work with someone who understands the complexities of DWI cases involving prescription drugs, as these cases can be more complicated than alcohol-related DWIs.
Preventing a DWI Involving Prescription Drugs
The best way to avoid a DWI involving prescription drugs is to know how your medication affects you before getting behind the wheel. If you are prescribed a new medication, it is important to talk to your doctor about how it could impact your ability to drive. Some medications may impair your driving only in the first few days of taking them, while others may have long-term effects. It is also important to avoid combining medications that could increase your risk of impairment.
If you are unsure whether it is safe to drive while taking a particular medication, it is always better to err on the side of caution. You can ask a friend or family member to drive you, or you can use a rideshare service to get where you need to go. Taking these precautions can help you avoid a DWI charge and keep yourself and others safe on the road.
Driving while impaired by prescription drugs is a serious offense in Texas, and it can result in severe legal consequences. Understanding how prescription medications affect your ability to drive and knowing the laws surrounding DWIs is essential for anyone taking these drugs. If you find yourself facing a DWI charge involving prescription medication, it is important to seek legal advice as soon as possible to protect your rights and minimize the impact of the charge.
If you or a loved one is facing a DWI charge involving prescription drugs, the Wilder Law Firm is here to help. Our experienced team understands the complexities of Texas DWI laws and can provide the guidance and representation you need. Contact us today for a consultation to discuss your case and learn how we can assist you.