Houston DWI Drugs Defense Lawyers
Serving Harris, Fort Bend, Brazoria & Montgomery Counties
If you are legally intoxicated with alcohol or impaired from any other substance while driving a vehicle in Texas, you can be charged with driving while intoxicated, also known as DWI. The definition of legally intoxicated means that your blood or breath alcohol concentration (BAC) measures .08 or greater on a chemical test.
A Texas DWI is not limited solely to the consumption of alcohol. The Texas DWI statute also makes it a crime to operate a vehicle under the influence of drugs (whether prescription, over the counter, or illegal). Other names for driving while intoxicated without alcohol include drugged driving, drug DWI, DWI drugs, or DUI drugs. Whether the alleged DWI involves cold medicine, prescription drugs, or illegal substances, the punishment is the same. Do not take these charges lightly. You need an experienced DWI attorney in Houston for charges of any kind.
Prescription Drug DWI
Under Texas’s DWI statute, intoxicated is defined as “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.”
Under the plain language of the statute, it is clear that you can be charged with a DWI even if you were operating your car without ever having consumed alcohol. However, this does not mean that you can be charged with a drug DWI anytime you take a drug and operate a vehicle. Rather, the test is whether the drug impairs your mental or physical capabilities, such as causing drowsiness, dizziness, or sleepiness.
Notably, under Texas law, the fact that you are entitled to use the substance is not a defense. As such, even if you have a valid prescription from a doctor, you can still be charged with a DWI if the medication impairs your ability to drive. Because of this, it is vital that you read drug labels for warnings and side effects and discuss the potential side effects with your doctor.
Which Drugs Are Most Associated with Drug DUI Arrests?
The most common drug DWI cases include allegations of driving while under the influence of prescription drugs such as:
In addition to these prescription medications, it is also possible to be charged with a DWI if an officer alleges impairment from over-the-counter medications like Tylenol PM, cold medicine, cough medicine, and even allergy medication. Charges based on these types of over-the-counter drugs carry penalties with the same severity as those associated with alcohol intoxication. You should immediately seek legal counsel from one of our experienced Houston DWI drug lawyers if charged. Even though these medications are not controlled substances, the long-term consequences of a conviction are very serious.
Talk to One of Our Skilled Attorneys
If you are facing drug DWI charges, our team of seasoned criminal defense attorneys is standing by to protect your rights and pursue your best interests. With over 90 years of combined experience defending adults and juveniles, we know how to fight the accusations against you.