How Prescription Drugs May Affect Your Texas DWI Case


Millions of people throughout Texas are prescribed daily medication for the treatment of 1,000s of ailments. In some cases, patients have been prescribed medications that contain narcotic medication to treat pain. Of course, most people take their medications as directed by their doctors. When patients follow their doctor’s directions and take the medications as prescribed, they know that they are doing the right thing for their health. Tragically, most people do not understand that they could be committing the crime of driving while intoxicated while driving while “on” their medicine. This is especially true when the driver is taking Schedule I or Schedule II controlled substances, which are these regulated by law. These medications may include Adderall, Ambien, Ritalin, Percocet, Klonopin, and codeine. These medications are classified as Schedule I or Schedule II drugs.

In Texas, a patient taking a controlled substance for medicinal purposes can be criminally charged with DWI. In Texas, taking a Schedule I or II drug or any mind-altering drug is driving under the influence. Pain medications are some of the most commonly incriminated medications in prescription drug DWI cases. Other drugs that could lead to a DWI include sleeping pills, anti-seizure medications, antidepressants, and anti-anxiety medications. A driver who has been caught having one or more of these substances in their system at the time of their arrest may be subject to severe DWI punishments if they have been driving.

Any Texas motorist who drives while taking prescription medications and have been charged with a DWI must contact our Texas DWI Defense Attorney as soon as possible to protect their legal rights. Should you or a loved one be charged with a prescription drug-related DWI, an experienced attorney may be able to present evidence that you were taking a Schedule I or Schedule II medication as prescribed to you by your physician. Drivers should understand that a valid prescription, on its own, won’t always lead to a successful DWI defense. A prescription drug-related DWI defense requires providing evidence that your medication, at the dosage prescribed, does not impair your ability to operate your motor vehicle safely. This is because, unlike the well-known .08 BAC standard for alcohol, the Texas Penal Code does not specify levels of prescription drugs that would indicate impairment if they were present in a blood sample.

Texas DWI Defense Lawyer Alex Tyra – Protecting the Rights of Texas DWI Defendants

All Texas DWI cases are different, and each DWI defendant deserves to have a legal professional who works hard and pursues a carefully crafted DWI defense strategy. Texas DWI Defense Attorney Alex Tyra has helped DWI defendants in many different types of circumstances. If you have questions about your DWI, call us today, at (903) 753-7499.