Many Texans dutifully take their prescription medications every day, just like they have been directed to do by their doctors. If you are following the directions of your doctor and you are taking the medications that they have prescribed for you, you know that you are doing the right thing for your health. Unfortunately, what you may not know is that you might also be committing the crime of driving while impaired. The reason for this is that some commonly prescribed medications are classified as Schedule I or Schedule II controlled substances, and these substances are regulated by law. For example, Adderall, Ritalin, Ambien, Klonopin, Percocet, and codeine, are just a few of the medications that are in Schedule I or Schedule II.
In Texas, you could be charged with DWI for being under the influence of a mind-altering prescription drug, such as a pain medication. It is important that drivers know that although pain medications are some of the more commonly implicated medications in prescription drug-related DWI cases, they are not the only types of medications that are regarded as having mind-altering effects. For example, sleeping pills, antidepressants, anti-seizure medications, and anti-anxiety medications can have mind-altering effects that are similar to those of painkillers. A driver who is found to have one or more of these substances in their system at the time of their arrest may be subject to consequences that are similar to what they would be subject to if they were found to have been driving under the influence of alcohol.
Any Texas driver who takes prescription medications and who has been charged with a DWI should contact a Texas DWI defense attorney right away, because their rights are at stake. If you have been charged with a prescription drug-related DWI, your attorney may be able to defend you against your DWI charges by presenting evidence that you were taking a Schedule I or Schedule II medication as prescribed to you by your doctor. That said, it is important that drivers understand that a valid prescription, on its own, may not lead to a successful defense based upon taking medication as prescribed. A prescription drug-related DWI defense is more likely to be successful if there is evidence that your medication, at the dosage that you are taking it, does not actually impair your ability to operate your 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 Attorney Alex Tyra – Protecting the Rights of Texas DWI Defendants
Every Texas DWI case is unique, and each DWI defendant deserves to have a skilled professional working hard on their behalf to pursue 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.