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The Atticus Files 2018 March Can I Get a DWI for Prescription Drugs?
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Can I Get a DWI for Prescription Drugs?

Posted By The Law Office of Shane Phelps, P.C. || 15-Mar-2018

When people think of driving while intoxicated (DWI), the first thing that often comes to mind is drinking and driving. However, driving under the influence can also include drugs, including those that are legal.

According to Texas DWI law, it is unlawful for any person to operate or be in the actual control of any motor vehicle while under the influence of alcoholic liquor or ANY drug. Having a valid prescription is not a legal defense to a DWI charge.

There are many drugs that—when taken as prescribed—can cause you to be impaired. Narcotic pain pills such as OxyContin, tranquilizers like Vicodin, sleep medication such as Ambien and Seroquel, anti-anxiety medications like Xanax, antidepressants, cough medicines such as Nyquil, and many other medications can impair your ability to operate a vehicle.

Some common drug side effects that can impair your ability to drive include:

  • Drowsiness
  • Dizziness
  • Blurred vision
  • Nausea
  • Delayed or slowed movement
  • Inability to focus or pay attention
  • Fainting

If you are on prescription medication when the police stop you, they may investigate you for a traditional alcohol DWI by performing field sobriety tests or make you take a breathalyzer test. If you pass the breathalyzer test, they may investigate other possible substances and contact a drug recognition expert (DRE) to conduct a battery of tests to try to determine what type of medications or other drugs you may be on. The last step will either be submitting a blood or urine sample.

A first offense DWI on prescription drugs is punishable by a maximum jail sentence of 180 days, fines of up to $2,000, and license suspension for up to two years.

If you have been arrested for a DWI in Texas, contact The Law Office of Shane Phelps, P.C. and request a free consultation with our College Station criminal defense attorney today.

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