Many people take prescription medications to address or treat medical problems or conditions. For the most part, people are able to function normally even if taking prescribed medications because the prescribed medications do not impair an individual’s mental or physical abilities. Certain prescription medications, like pain medications or sleeping pills, have been found to impair an individual’s mental and physical abilities. When utilizing these types of prescribed medications, individuals are cautioned by their medical doctors and pharmacists to refrain from certain behaviors because the prescribed medications may impair their mental and physical abilities. Driving or operating heavy machinery are two examples often cited by medical professionals.
If you find yourself in a position where you are pulled over by a police officer on suspicion of drunk driving, but in fact it may actually be driving while intoxicated prescription drugs – there are a number of things to consider and keep in mind to preserve the most rights and optimize your criminal defense.
DWI Prescription Drugs in Texas
A DWI prescription drug charge in Texas requires that an individual drive a car under the influence of a prescribed drug that impairs his or her mental and physical abilities. Many times a police officer, after noticing erratic or dangerous driving or the violation of traffic rules and regulations, orders a driver to stop. Driving under the influence of alcohol may be considered first, followed by illegal drug use, before resting on possible prescription drug use.
To determine which prescribed drugs are in a driver’s system a blood or urine test must be performed. A breathalyzer test administered at the scene of an arrest may simply be used to discount a DWI alcohol charge. To support the DWI prescription drug arrest field testing of motor and cognitive skills are administered.
Prescription Drugs Must Be Yours
It is a crime in Texas, to take another person’s prescribed drugs. Sharing pain medication or an antibiotic even if you know and believe that if you saw your own doctor he or she would prescribe that same medication to you is irrelevant. If the prescribed drugs are not yours, you will also face illegal use of prescribed drug charges.
Can I Be Arrested for DWI in Texas if I Took a Prescription Drug?
Being arrested on suspicion of having you mental and physical capabilities impaired by the consumption of prescription drugs is a valid arrest in Texas. You will face DWI, DUI, or a combination of both charges. If you or someone close to you is arrested on suspicion of driving while under the influence of prescription medications, contact a lawyer immediately to schedule an initial consultation to discuss the charges, potential penalties, and how to resolve the arrest. The law offices of Kimberly Griffin Tucker proudly serve the counties of Denton, Collins, and Dallas and the cities of Plano and Dallas, Texas. Call or email right away.