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.
Texas DWI Laws and Prescription Medications
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.
How Texas Courts Handle Prescription Drug Cases
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.
Common Prescription Medications That Can Lead to DWI
Several categories of prescription drugs commonly result in DWI arrests in Texas:
Painkillers (Opioids)
- Hydrocodone (Vicodin, Norco)
- Oxycodone (Percocet, OxyContin)
- Morphine
- Fentanyl patches
Anti-Anxiety Medications (Benzodiazepines)
- Xanax (alprazolam)
- Ativan (lorazepam)
- Valium (diazepam)
- Klonopin (clonazepam)
Sleep Aids
- Ambien (zolpidem)
- Lunesta (eszopiclone)
- Restoril (temazepam)
Antidepressants and Stimulants
- ADHD medications (Adderall, Ritalin)
- Tricyclic antidepressants
- MAO inhibitors
| 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 |
How Police Determine Impairment
Texas law enforcement uses several methods to assess prescription drug impairment:
Field Sobriety Tests
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.
Drug Recognition Experts (DREs)
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.
Chemical Testing Limitations
Unlike alcohol testing, prescription drug testing has significant limitations:
- Blood tests show presence but not current impairment level
- Urine tests may detect drugs used days earlier
- No standardized impairment levels exist for most prescription drugs
Penalties for a Prescription Drug DWI in Texas
Prescription drug DWI carries the same penalties as alcohol-related DWI:
First Offense
- Classification: Class B misdemeanor
- Jail time: Up to 180 days (minimum 72 hours)
- Fine: Up to $2,000
- License suspension: 90 days to 1 year
Enhanced Penalties
If your prescription drug DWI involves certain aggravating factors, penalties increase:
- BAC 0.15 or higher (if alcohol also involved): Class A misdemeanor
- Child passenger under 15: State jail felony
- Second offense within 10 years: Class A misdemeanor with minimum 30-day jail term
- Third offense: Third-degree felony with 2-10 years in prison
Administrative License Revocation (ALR)
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:
- Failed chemical test: 90 days (first offense), 1 year (repeat offense)
- Refused chemical test: 180 days (first offense), 2 years (repeat offense)
How Our Texas DWI Lawyers Defend Prescription Drug Cases
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.
What to Do If You’re Arrested for a DWI on Medication
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.
Critical Timeline ⏰
- Day 1: Arrest occurs – temporary license issued for 40 days
- Days 1-15: Request ALR hearing to prevent automatic license suspension
- Day 40: License suspended automatically if no hearing requested
- Ongoing: Criminal case proceeds separately from ALR process
Why Choose McConathy Law for a Prescription Drug DWI?
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.
Related DWI Offenses We Handle
Our comprehensive DWI defense services include:
- Dallas DWI Lawyer – Complete DWI defense in Dallas County
- Fort Worth DWI Lawyer – Aggressive representation in Tarrant County
- Drug-related DWI – Illegal substances, marijuana, and prescription drugs
- Controlled substance impairment – Cocaine, heroin, and other controlled substances
- Combined substance DWI – Cases involving multiple substances
- DWI with child passenger – Enhanced charges with serious felony consequences
Since 2002, we’ve achieved 1000+ cases dismissed in the DFW area, handled 6000+ criminal cases, and successfully defended clients in 16+ counties.
Call Our Texas DWI Lawyers Today
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
Email: info@mcconathylaw.com
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.
FAQs About Prescription Drug DWI in Texas
Can you get a DWI for prescription drugs in Texas?
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.
Is a prescription a valid defense for DWI?
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.
What drugs can lead to a DWI charge?
Any substance that impairs your mental or physical faculties can result in DWI charges, including:
- Prescription painkillers (opioids)
- Anti-anxiety medications (benzodiazepines)
- Sleep aids
- ADHD medications
- Antidepressants
- Over-the-counter medications in large quantities
How do police test for prescription drugs?
Police use several methods:
- Field sobriety tests to assess impairment
- Drug Recognition Expert evaluations with 12-step protocols
- Blood or urine tests to detect substance presence (not impairment level)
- Officer observations of behavior, speech, and appearance
How can a lawyer help with a prescription drug DWI?
An experienced DWI attorney can:
- Challenge test results and officer observations
- Question DRE qualifications and evaluation procedures
- Present medical evidence about therapeutic dosing and tolerance
- Negotiate with prosecutors for reduced charges or dismissal
- Protect your license through ALR hearing representation
- Prepare for trial if necessary to fight the charges