When people think of a DWI (Driving While Intoxicated), they typically picture someone behind the wheel after consuming alcohol. However, in Texas, you can be arrested for a DWI even if you’re not under the influence of alcohol. Prescription medications, when taken incorrectly or combined with other substances, can impair your ability to drive and lead to serious legal consequences. In this blog, we’ll discuss how legal prescription drugs can result in a DWI and the legal process involved in defending such cases.

What is a Prescription Drug DWI?

In Texas, the law is clear: if your ability to drive is impaired by any substance, whether it’s alcohol, illegal drugs, or prescription medication, you can be charged with a DWI. Many people are unaware that prescription drugs, such as anti-anxiety medications, painkillers, or sleep aids, can have side effects that impair driving abilities. Even medications that are legally prescribed can lead to dangerous driving behavior, putting you and others at risk.

Driving while impaired doesn’t require alcohol to be involved. While alcohol is the most common substance associated with DWIs, prescription medications can affect a person’s cognitive and motor functions. For example, medications like Xanax, Ambien, and even over-the-counter remedies like NyQuil can cause drowsiness, lack of focus, and impaired judgment, which can all lead to unsafe driving. When drivers are under the influence of such substances, their reaction time slows down, and they may not be able to react to road conditions quickly or appropriately.

The Risks of Prescription Medication Use While Driving

Prescription drugs such as Xanax, Ambien, and NyQuil are common medications that people use to treat a variety of conditions. However, these medications have side effects that can impair motor skills and judgment, making driving unsafe. Even if a person takes their prescribed medication as directed, the way it affects their body can change over time or when combined with other substances.

For example, medications like Xanax, which is prescribed for anxiety, can cause extreme drowsiness and difficulty concentrating. This can impair a person’s ability to stay alert while driving. Similarly, Ambien, a sleep aid, is known to cause drowsiness and can also lead to unintentional actions, such as sleepwalking or memory loss, which can be dangerous when driving.

The risk of driving under the influence of prescription medication is compounded when people take more than the prescribed dose or combine the medication with alcohol or other substances. Mixing prescription drugs with alcohol or even other drugs can increase the impairing effects, leading to more severe consequences.

When the police pull over someone who is suspected of driving under the influence, they typically conduct tests like the horizontal gaze nystagmus test, which measures the driver’s ability to follow a moving object with their eyes. A person who has taken certain prescription medications may not perform well on these tests, even if no alcohol is involved. Additionally, field sobriety tests (FSTs) may be conducted to assess the driver’s coordination, balance, and physical performance. If the officer suspects impairment from prescription medication, they may proceed with further investigation, which could include blood or urine tests.

Real-Life Example: A Texas Client Facing Prescription Drug DWI Charges

A few years ago, a client was pulled over in Texas for suspicion of driving while intoxicated. The police conducted the typical alcohol-related tests, such as checking for alcohol in the breath, but nothing showed up. The client’s breath alcohol content was zero. However, the officer suspected impairment and administered additional tests. It turned out that the client had recently taken a prescribed medication—Xanax—and it was affecting their ability to drive normally.

This case illustrates an important reality: even if a driver is not under the influence of alcohol, they can still face DWI charges if prescription medications are affecting their driving abilities. In this case, the medication was prescribed by a doctor, but it still led to a dangerous situation on the road. The officer’s suspicion and further tests uncovered that the client’s impaired driving was due to the prescribed medication.

This is not an isolated case. Prescription medication-related DWIs are becoming more common in Texas, especially when individuals take medications without considering how it will affect their driving. It’s important to remember that even if a drug is prescribed by a doctor, it does not grant permission to drive if it impairs your ability to operate a vehicle safely.

Sharing Prescription Medications: A Dangerous Gamble

Another important aspect to consider is the sharing of prescription medications. In some cases, people may give their prescription medications to friends or family members. This may seem harmless, but it can lead to serious legal consequences. If someone takes prescription medication without a doctor’s approval and gets behind the wheel, they could be charged with a DWI.

Prescription drugs are specifically prescribed to an individual based on their unique health needs and medical history. When these drugs are shared with others, the effects can be unpredictable. The person taking the medication might not have the same tolerance or experience the same effects, which can result in impairment.

In one case, a person was charged with a DWI after taking a friend’s prescription medication. The medication caused impairment, leading to erratic driving behavior. The police arrested the individual, and the case became more complicated when the investigation revealed that the medication was given to the person by a friend. This highlights the dangers of sharing prescription pills and how it can lead to unintended legal consequences. Even if the person sharing the pills means well, the recipient can face serious criminal charges for driving under the influence of a substance that they were not prescribed.

What to Do if You’ve Been Accused of a Prescription Drug DWI

If you’ve been accused of a DWI involving prescription medication, it’s crucial to take immediate action. The legal consequences can be severe, including fines, license suspension, and even jail time. Your first step should be to consult with an experienced criminal defense attorney who can guide you through the process and work to build a strong defense.

The key to a successful defense in a prescription drug DWI case is examining all of the evidence. This includes reviewing the results of field sobriety tests, any officer observations, and the specific medication involved. Additionally, your attorney may consult with specialists who can testify about the effects of the prescribed medication and its potential to impair driving abilities.

At BRCK Criminal Defense Attorneys, we understand the complexities of prescription drug DWI cases. Our team will review the evidence, including any tests administered by the police, and work to determine whether the arrest was justified. We’ll also explore whether there were any other factors at play that could have influenced your ability to drive safely. With our experience, we are committed to providing you with the best possible defense.

How We Can Help

At BRCK Criminal Defense Attorneys, we believe that every individual deserves a fair chance in the courtroom. If you’ve been arrested for a DWI involving prescription medications, don’t wait to get the legal help you need. Our team will provide a free consultation and help you navigate the legal system.

Prescription drug DWI charges are serious and can have lasting consequences, but with the right defense, it’s possible to secure a favorable outcome. We will help you understand your rights and options at every step of the way.

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