Were you pulled over for a suspected DWI but weren’t drinking alcohol? If you were taking prescription medication, you might be facing a DWI charge under different rules.
Driving while under the influence of prescription drugs or intoxicating substances in Texas can result in a DWI charge, which can be quite frustrating and confusing. That’s where a prescription drugs DWI defense attorney can help.
Many Texans are unaware that driving under the influence of prescribed medications can also result in criminal charges.
In Texas, the law does allow law enforcement to arrest and charge a driver under the influence of prescription drugs if the officer believes that there is probable cause that the driver is legally intoxicated. This is the case even if zero alcohol is involved.
In this article, the team at Austin Hagee Law Firm explains:
- the key differences between alcohol and prescription drug DWIs,
- what your rights are when charged with a prescription drug DWI, and
- what strategies exist to fight the charges or potentially get your case dismissed.
Can You Get a DWI for Prescription Drugs in Texas?
Absolutely. Texas law treats driving under the influence of any intoxicating substance, including prescription drugs, as a DWI offense. This means that if a police officer believes your prescription medication has impaired your ability to drive safely, you can be arrested for DWI.
Many people note that their medication does not have a warning on it telling them not to operate machinery or a vehicle. But in Texas, it is the responsibility of the individual driver to not be behind the wheel when they are intoxicated by any substance, regardless of the medication label. Meaning, if you feel an intoxicating influence, it is the responsibility of the driver not to operate an automobile, boat, or aircraft.
DWI Law for Prescription Drugs in Texas
Texas takes driving while intoxicated (DWI) charges seriously, and this includes driving while under the influence of prescription drugs.
Texas Penal Code Section 49.04 defines DWI as operating a motor vehicle while under the influence of any substance that impairs your ability to drive safely. This means prescription drugs, even if legally obtained and taken as prescribed can result in a DWI or DUI charge.
Taking prescription drugs, and operating a vehicle on Texas roads, can land you with a DWI charge if the medication affects or impairs your driving skills. The question, under Texas law, becomes whether you lost the use of your mental or physical faculties.
The Crucial Factor: Proving Impairment
Unlike an alcohol DWI, which under Texas law has a set blood alcohol concentration (BAC) limit of 0.08%, prescription drug DWI depends on proving impairment.
Texas defines intoxication as not having the normal use and control of your mental and physical faculties to operate a motor vehicle safely on public roads due to alcohol, a controlled substance, a drug, or a combination of substances.
The prosecution needs to establish this lack of control due to the medication, not just the presence of the drug in your system. The burden of proof will be on the prosecution to establish that the facts observed by the officer met the Texas legal requirement of intoxication.
A Note About Chemical Testing
Under Texas’s implied consent laws, operating a vehicle in the state means you consent to submit to chemical tests (blood or urine) to assess intoxication levels. Refusing these tests can lead to an automatic driver’s license suspension coming from the Texas Department of Public Safety.
It’s important to note that these tests only detect the presence of drugs and may not indicate impairment. The officer must investigate and establish probable cause of your impairment prior to your arrest with specific articulable facts.
A medical professional with expertise in toxicology can interpret the results to determine how the drugs may affect your ability to drive. Also, the chemical testing of your blood must be provided to you and your defense lawyers for review.
Penalties of a Prescription Drug DWI
A DWI conviction for prescription drug use carries serious consequences, and their severity hinges on whether it’s your first offense or a repeat incident:
- First offense (Class B misdemeanor). Penalties include up to 180 days in jail, a fine of up to $2,000, driver’s license suspension, and the mandatory installation of an ignition interlock device (IID) on your vehicle. This device requires a breath test before starting the car, preventing vehicle operation under the influence.
- Subsequent offenses (Class A misdemeanor to state jail felony). Penalties escalate significantly, depending on the facts of your arrest, including potential jail time of up to one year or more, hefty fines reaching $10,000, longer license suspension periods, and mandatory IID installation.
Beyond these immediate consequences, a DWI conviction can have a long-lasting ripple effect.
First, you could be put on probation in lieu of jail, and probation comes with many conditions and expenses that extend up to twenty-four months. Also, expect a significant increase in car insurance rates, making driving a much more expensive proposition.
A medication-related DWI on your record can limit job opportunities and create challenges with professional licensing, depending on your field.
A DWI can be especially hard for professionals in the medical field as any noted struggle with prescription drugs can call into question a person’s fitness to serve as a medical assistant, nurse assistant, registered nurse, or even medical doctor. This is especially true in today’s society, with a renewed focus on prevention of prescription drug abuse as well as malpractice liability concerns for employers.
Prescription Drug DWI vs. Alcohol DWI
While the consequences for a DWI are similar regardless of the substance, there are crucial differences between alcohol and prescription drug DWIs:
- Dosage vs. blood alcohol content (BAC). For alcohol DWI, a specific BAC level (0.08%) constitutes intoxication by law. Prescription drug impairment, however, is determined by a case-by-case analysis of the drug, dosage, and its impact on your individual body at the time of the incident.
- Doctor’s orders. If you were following your doctor’s prescribed dosage at the time of the arrest, this can be a strong defense point. It demonstrates a lack of reckless intent, and in certain situations can result in exoneration or a significant reduction in charges.
- Field sobriety tests (FSTs). These roadside tests designed for alcohol impairment might not accurately reflect the effects of prescription drugs. This is because these tests are designed almost entirely with a focus on alcohol and they are not tailored to test each person’s prescribed medication and dosage.
- Chemical testing. Blood and urine tests can detect the presence of prescription drugs, but they don’t necessarily prove impairment. Interpretation by a medical professional specializing in toxicology is often crucial to determining the level of impairment. Also, your attorney can bring a motion challenging the credentials of the toxicologists for the state of Texas through a 702 Expert Hearing prior to trial.
Additionally, gathering medical records and expert testimony can further support your case in proving that the prescribed dosage did not impair your ability to drive.
Your Rights When Charged with a Prescription Drugs DWI
Being charged with a DWI involving prescription drugs doesn’t mean you’re guilty. You have rights that must be upheld throughout the legal process. Among them are:
- Right to remain silent. You have the right to speak to an attorney before answering police questions. Politely but firmly state that you want to speak to your lawyer before answering questions, and respectfully resist any police effort to question you after you’ve asked for a lawyer.
- Right to legal representation. You have the right to an attorney. At Austin Hagee Law Firm, we provide experienced DWI defense tailored to your case and we have had prescription drug DWIs dismissed, suppressed, and reduced to lower charges over the years.
- Right to challenge evidence accuracy. You can challenge the evidence presented against you as being inaccurate. Challenging the accuracy and validity of field sobriety tests, breath test results, and blood samples based on improperly administered tests can help you build a strong defense. Also, improper maintenance procedures can help your legal team build a robust defense and potentially get evidence suppressed. Under the Confrontation Clause of the United States Constitution, every person accused of a crime has the constitutional right to confront all evidence being used against them by the state of Texas.
- Right to a fair trial. You are entitled to a fair trial where the burden of proof lies with the prosecution. They must prove your guilt beyond a reasonable doubt, so any doubt your lawyer can cast on the sufficiency of the State’s evidence can weaken their case against you.
Our team will work tirelessly to protect your rights. We have handled hundreds of DWI cases, as defense attorneys and as former prosecutors. We would be honored to help you build a strong defense.
How to Fight DWI Charges for Prescription Drugs?
Defending against a prescription drug DWI charge can involve several strategies.
- Questioning the traffic stop. If the police violated your rights by pulling you over without reasonable suspicion, your lawyer could move to exclude the evidence obtained as a result of the bad or illegal stop. If crucial evidence is excluded, this can greatly weaken or dismantle the State’s case against you. The proper legal mechanism for this is most often a Motion to Suppress, which our attorneys have had great success with in past cases.
- Scrutinizing standard field sobriety tests. SFSTs are subjective and can be influenced by factors such as faulty testers, tester bias, medical conditions, environmental factors, topography, or anxiety.
- Challenging blood test results. The police must conduct and process blood tests according to strict legal protocols. Any discrepancy or deviation can serve as a basis for questioning the outcomes and excluding the blood test results.
- Prescription validity. Demonstrating that you were taking medication as prescribed by a doctor can be part of your defense, especially if there were no warnings about operating machinery or driving. This is a fact-specific defense, but can be very effective depending on how long ago the prescription was prescribed and the reasons that the medication was prescribed to begin with.
Your defense lawyer will determine the best strategy to defend against your DWI prescription drug charges based on your particular circumstances.
Ideally, your attorney would have previous experience with these types of charges and be willing to aggressively pursue every angle available in your defense.
Protect Your Future with a Qualified Prescription Drugs DWI Defense Attorney
Prescription drug-related DWIs are complicated, and Austin Hagee Law Firm is aware of this. Our team of experienced San Antonio-based DWI defense attorneys, has a proven track record of success in effectively handling prescription drug DWI cases.
While we cannot guarantee an outcome, we can guarantee we have handled cases like this before and we will do everything in our power to bring a vigorous defense on your behalf.
Our skilled attorneys can help build a strong defense strategy tailored to your situation, ensuring your rights are protected throughout the legal process. Our legal team stands ready to fight for you and your family.
Contact us today at (210) 796-7489 or fill out our online form for a free consultation to discuss your prescription drug DWI case.