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Can You Get a DWI for Prescription Medicine? 

Posted on in DWI

Plano DWI Defense LawyerMost adults take prescription medications from time to time. Whether a person takes antibiotics for an infection, pain medicine for a sports injury, psychiatric medicine for a mental illness, or another type of medication, it is important to know how prescription medication can lead to DWI charges.

If you or a loved one were charged with DWI for driving while taking prescription medication, it is essential to seek legal assistance as soon as possible. A DWI lawyer in your area can review your case and help you determine the best course of action.

People Taking Legal, Prescription Medication Can Be Charged With Intoxicated Driving

In Texas, driving while intoxicated does not only refer to driving under the influence of alcohol. The Texas penal code states that "intoxicated" is defined as not having normal use of physical or mental facilities because of:

  • Alcohol

  • A drug or combination of drugs

  • A controlled substance

  • Any other substance

Any type of drug, medication, supplement, or substance may potentially lead to DWI charges if a police officer believes that the substance has rendered someone incapable of safe driving.

Fighting a DWI Charge Involving Prescription Medication

Unlike drunk driving, an accusation of drugged driving is often very subjective. There is no blood concentration limit for medications like Xanax, Ambien, Valium, or Adderall in Texas. Therefore, a police officer's opinion about your level of impairment may be enough to result in DWI charges.

That being said, you still have defenses available to you. A knowledgeable DWI lawyer can investigate the circumstances surrounding your traffic stop and arrest. If there were any errors made during the process, your attorney may be able to get the charges against you dropped.

Even if there is strong evidence of impairment, you may still be able to avoid a conviction. In some cases, it may be possible to get the charges reduced to a lesser offense such as reckless driving. Alternatively, your lawyer could negotiate with the prosecutor for a more lenient sentence, such as probation instead of jail time.

The best way to protect your rights after a DWI arrest is to work with an experienced attorney who has successfully handled cases like yours in the past. To learn more about your legal options and how we can help, contact us today for a free consultation.

Contact a Frisco Attorney Writ Bond Lawyer

Prescription medication lawfully prescribed and taken according to doctor’s orders can lead to DWI charges. If you or a loved one were arrested for intoxicated driving, contact our Collin County DWI defense attorneys for help right away. Call us today at 469-333-3333 for a free consultation.

 

Source:

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm

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