Many drivers believe DWI charges apply only to alcohol or illegal drugs. In Texas, however, prescription medication can also support a DWI prosecution when it causes the legally defined level of impairment. A person may face charges even when the medication was prescribed by a physician and taken according to instructions. At The Law Office of Alex Tyra, P.C., we help people in Longview and East Texas understand how prescription medication allegations can affect a criminal case.

Texas DWI Law Includes Drugs and Medication

Texas Penal Code § 49.01 defines intoxication to include the loss of normal mental or physical faculties caused by alcohol, a controlled substance, a drug, a dangerous drug, or a combination of qualifying substances.

The prosecution does not necessarily need to establish a particular concentration of a prescription drug. Instead, it may attempt to prove that the medication impaired the driver’s normal faculties.

Prescription medications associated with drowsiness, dizziness, or slowed reactions can become relevant to an investigation.

A Valid Prescription Does Not Automatically Prevent Charges

Taking medication legally is not a complete defense if the prosecution can prove intoxication. However, the existence of a prescription and the manner in which the medication was used may provide important context.

We examine medical records, prescription information, dosage, timing, and potential interactions with other substances.

Challenging Drug-Impairment Evidence

Unlike alcohol, many prescription medications do not have a statutory concentration threshold that automatically establishes intoxication under Texas DWI law.

A positive toxicology result may establish the presence of a substance without proving that it caused the loss of normal faculties while the person was driving.

We evaluate whether the officer’s observations and any toxicology findings support the prosecution’s conclusions.

Call The Law Office of Alex Tyra, P.C. for Your Free Consultation

If you were arrested for DWI after taking prescription medication, call (903) 753-7499 for your free consultation with The Law Office of Alex Tyra, P.C., serving Longview and East Texas.