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What to Know About DWI Involving Prescription Drugs in Texas

 Posted on December 27, 2022 in DWI

Frisco DWI defense lawyerWhen most people think about driving while intoxicated, they tend to think of people drinking and driving. This is understandable, as drinking and driving is the most common form of DWI. However, driving after consuming alcohol is not the only way to be charged with DWI. You may be surprised that you can be charged with DWI in Texas even if you are under the influence of prescribed medication. 

Being arrested, charged, and convicted of DWI can devastate one’s life and career. If you have been charged, you are likely wondering what can be done to ensure you can avoid prison time or costly fines. The most important thing you can do during this critical time is to contact a knowledgeable DWI attorney who will work with you to ensure your rights remain protected while pursuing the most favorable outcome possible. 

Laws Regarding DWI in Texas 

Texas law states that you cannot operate a motor vehicle while impaired by any substance. This means alcohol, drugs, and even some prescription medications. This is because substances can affect certain mental and physical faculties, which makes it exceedingly dangerous to try and operate a motor vehicle. In addition, hundreds of prescription medications can make driving hazardous and illegal, including Xanax, oxycodone, Valium, and many more. Shockingly, even some antihistamine drugs that fight allergies may impair you to the point where driving becomes dangerous and unlawful. 

The penalties regarding DWI caused by prescription medication are the same as if you were arrested for driving while drunk or high on illegal drugs. Unfortunately, many people do not realize this and think that if they are pulled over because they are under the influence of a legal medication, they will not get in any trouble. This is false. If convicted on a first DWI offense, you can face up to six months in jail and fines up to $2,000, including a one-year license suspension. The penalties escalate in severity depending on whether you incur a second, third, or ensuing conviction

Building a Robust Defense

To be convicted of DWI involving prescription medications, the prosecution must prove beyond a reasonable doubt that your impairment was caused by prescription medication. Notably, there is no legal standard for impairment caused by prescription medication like there is for impairment regarding alcohol. Because of this, DWI cases involving prescription drugs tend to rely significantly on testimony from officers at the scene and their police report. 

Contact a Collin County DWI Attorney

What can seem like an innocent mistake, consuming prescription medication and then driving, can quickly become a legal nightmare. Contact the astute Frisco DWI defense lawyers with Law Offices of Biederman & Burleson P.L.L.C. to ensure you have the best chance possible for a positive outcome. Call 469-333-3333 to schedule a free consultation. 




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