Principal Office
15110 Dallas Pkwy #400
Dallas, TX 75248
(972) 233-5700
15110 Dallas Pkwy #400
Dallas, TX 75248
(972) 233-5700
Years Defending Texans
Cases Dismissed
Criminal Cases Handled
Counties Served Across Texas
Available | Serving All of Texas
Many Texas drivers make a dangerous assumption: if their medication is prescribed by a doctor, they can’t be arrested for DWI. This couldn’t be further from the truth. Texas law makes no distinction between illegal substances and legal prescription medications when it comes to impaired driving charges.
If you’re arrested for driving while taking prescription medication, you face serious penalties including jail time, fines, and license suspension. Even more concerning, you could lose your license through the Administrative License Revocation (ALR) process if you don’t act within 15 days of your arrest.
Contact our experienced Texas DWI attorneys today at (972) 528-0116 for a free consultation about your prescription drug DWI case.
Under Texas Penal Code Section 49.01, “intoxicated” means 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, or any other substance into the body. This definition specifically includes prescription medications.
The key phrase is “normal use of mental or physical faculties.” If your prescription medication impairs your ability to drive safely, you can be charged with DWI regardless of whether you have a valid prescription.
Texas Penal Code Section 49.10 explicitly states that being entitled to use a substance is not a defense to intoxication offenses. This means your prescription bottle won’t protect you from DWI charges if the medication affects your driving ability.
Texas courts have consistently upheld DWI convictions even when defendants had valid prescriptions for the substances that caused impairment. Having a valid prescription provides no legal defense against DWI charges if the medication affects your ability to drive safely. Courts focus on impairment level, not prescription validity, when determining guilt.
Several categories of prescription drugs commonly result in DWI arrests in Texas:
| Medication Type | Common Examples | Impairment Effects |
|---|---|---|
| Opioid Painkillers | Hydrocodone, Oxycodone | Drowsiness, slowed reflexes, euphoria |
| Benzodiazepines | Xanax, Ativan, Valium | Confusion, memory loss, coordination problems |
| Sleep Aids | Ambien, Lunesta | “Sleep-driving,” disorientation |
| ADHD Medications | Adderall, Ritalin | Jitters, anxiety, impaired judgment |
Texas law enforcement uses several methods to assess prescription drug impairment:
Officers administer standardized tests including Horizontal Gaze Nystagmus (eye tracking), Walk-and-Turn, and One-Leg Stand. Many prescription medications can cause failure of these tests even when taken as prescribed.
When officers suspect drug impairment, they call specially trained DREs who conduct detailed 12-step evaluations. However, DRE officers receive only moderate training beyond basic DWI instruction, and their evaluations are largely subjective.
Unlike alcohol testing, prescription drug testing has significant limitations:
Prescription drug DWI carries the same penalties as alcohol-related DWI:
If your prescription drug DWI involves certain aggravating factors, penalties increase:
You have only 15 days from your arrest date to request an ALR hearing to contest your license suspension. Failure to request a hearing within 15 days results in automatic suspension on the 40th day after your arrest.
ALR Suspension Periods:
At the Law Offices of Richard C. McConathy, we use proven strategies including challenging test administration, questioning DRE qualifications, arguing non-impairing dosages with medical expert testimony, and identifying constitutional violations during traffic stops.
Contact us today at (972) 528-0116 for a confidential review of your prescription drug DWI case.
If you’re arrested for prescription drug DWI:
During the Arrest: Remain calm, don’t admit to drug use, request an attorney, and consider chemical testing carefully since refusal carries automatic license suspension.
After Release: Document everything (medications taken, timing, dosages), preserve evidence (prescription bottles, medical records), request ALR hearing within 15 days, and contact legal representation immediately.
With over 35 years of combined experience, our team has handled thousands of DWI cases throughout the Dallas-Fort Worth area. We understand prescription drug cases require knowledge of pharmacology, medical conditions, testing limitations, and Texas case law.
Our attorneys regularly practice in Dallas, Fort Worth, Irving, Carrollton, Richardson, and surrounding counties, giving our clients a strategic advantage through local court familiarity.
Our comprehensive DWI defense services include:
Since 2002, we’ve achieved 1000+ cases dismissed in the DFW area, handled 6000+ criminal cases, and successfully defended clients in 16+ counties.
Time is critical in prescription drug DWI cases. You have limited time to protect your license through the ALR hearing process—you must request your hearing within 15 days of your arrest or face automatic license suspension.
Contact Information:
Phone: (972) 528-0116 (Available 24/7 for emergencies)
Contact us online for immediate assistance
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Don’t face prescription drug DWI charges alone. Our experienced Texas DWI defense team is ready to fight for your rights, freedom, and future. Call us today for your free consultation and let us put our decades of experience to work for you.
Yes. Texas law defines intoxication as not having normal use of mental or physical faculties due to any substance, including prescription drugs. Having a valid prescription is not a defense.
No. Texas Penal Code Section 49.10 specifically states that being entitled to use a substance is not a defense to intoxication offenses. You can be convicted even with a valid prescription if the medication impairs your driving.
Any substance that impairs your mental or physical faculties can result in DWI charges, including:
Police use several methods:
An experienced DWI attorney can:
Whether you're facing a felony charge or fighting a traffic ticket, every case deserves serious attention. Get an experienced defense team in your corner now.
