713-224-5529

Prescription Drug DWI Versus Non-Prescription Drug DWI: Is There a Difference?


houston dwi defense attorney

DWI offenses in Texas are not limited to alcohol consumption alone. It is also a DWI offense in the state to drive under the influence of any type of intoxicating drugs, whether illegal, over the counter or prescription. The punishment remains the same, whether you are convicted of DWI for prescription or non-prescription drugs. 

 

You need to take these charges seriously, even if your alleged DWI involves something as seemingly innocuous as cold medication. It is best to seek legal advice from an accomplished Houston prescription drug DWI attorney at the first opportunity after your arrest. 

 

Prescription Drug DWI in Texas

 

Being intoxicated in Texas is defined under the law as not being in a position to normally use your physical or mental faculties because of the presence of alcohol, a drug, a controlled substance, a combination of multiple substances, or any other type of substance in the body. 

 

In simpler words, under the DWI statute in Texas, you could face DWI charges even if you were operating a vehicle with no alcohol in your body. However, the law does not say that operating a vehicle with any drug in the bloodstream is a DWI offense. The test is whether the presence of the drug has impaired your physical or mental capacity, such as causing sleepiness, dizziness, or drowsiness.  

 

Your Houston prescription drug DWI lawyer should explain to you that under the Texas DWI statute, the fact that you have a valid medical prescription from a physician to use a particular drug is not a defense. If the medication causes impairment of your driving faculties, you could still be arrested for a DWI. 

 

Considering this stringent law in Texas, all drivers should read the prescription drug labels to understand the potential side effects and discuss them with their physician. Prescription drug DWI cases in Texas usually involve medications such as Alprazolam, Ambien, Xanax, Soma, and Vicodin. 

 

Non-Prescription Drug DWI in Texas

 

In Texas, you could also potentially face DWI charges if a police officer alleges driving impairment caused by non-prescription (over-the-counter) drugs such as cold medications, cough medications, Tylenol PM, or even allergy drugs. 

 

The same severe penalties may apply when you are charged with a non-prescription drug DWI in Texas. You need to speak to an experienced Houston DWI defense attorney to protect your rights in this situation. It’s fundamental to understand that over-the-counter drugs are not controlled substances, but when they result in a DWI charge, the legal consequences for you can be life-altering. 

 

You will Need an Experienced Drug DWI Lawyer

 

A skilled and reliable Houston criminal defense attorney will evaluate the facts and circumstances of your case, and critically analyze the procedures performed and results obtained that led to your arrest. Depending on the situation, your legal counselor will determine whether an expert witness or your doctor’s testimony may help in your defense. 

 

But in many cases, a skilled attorney will be able to resolve your situation before it reaches that point. The key is to choose a criminal defense lawyer with knowledge and experience of successfully fighting prescription and non-prescription drug DWI cases. 

 

Hire an Experienced Drug DWI Lawyer in Houston

If you or someone you love has been arrested for DWI, you need dedicated legal support. At Texas-based Flood & Associates, we have a dedicated team that will fight relentlessly to win your case. Call our team 24/7, 365 at 713-224-5529 for a free case review or contact us online to request a free consultation with one of our attorneys.

 

 

Client Testimonials

  • 5 Stars
    "Tyler and his team are top notch—with years of experience under their belts they know what strategy will work to advocate for the best possible outcome. They are knowledgeable, professional, and courteous. Like a doctor, you never know you hire a bad attorney until it’s too late, and don’t take a gamble and retain someone else, especially when the clock starts running quickly, once you are arrested for a DWI. Run, don’t walk, to retain Flood and Associates!"
    - Alyssa S
  • 5 Stars
    "So. I can't say enough about Tyler Flood and Associates! BRAVO!! I had a 3rd DWI and my daughter Googled Tyler & Co. Who are DWI SPECIALISTS! I set up an appointment, and was impressed with their knowledge on the Laws and Science of DWI cases! Hank👍💥💥💥💥💥👌"
    - Hank Baerga
  • 5 Stars
    "Tyler Flood did an excellent job in taking care of my situation when no other attorney could do so. He kept communication open by way of text messages and phone calls, I was inform in every step along the way and he represented me well in court. His assistant Andrea was very quick in responding to my emails, I felt comforted by their genuine concerns of my case. Highly recommended"
    - Tamra Elwell
  • 5 Stars
    "Tyler Flood and associates are an astronomical team. Tyler was aggressive when needed to be and very professional during my trail. He left no stone unturned. I highly reccomend Mr. Flood if you ever find yourself in a situation such as myself. The not guilty verdict for a dwi was the best! "
    - Magaly
  • 5 Stars
    "Great experience under terrible circumstances...when your future is at risk, the attorney you chose could decide your fate..Flood & associates took my case personal...I felt I was represented by family...highly recommend Tyler to everyone!"
    - Brent
  • 5 Stars
    "I personally want everyone to know, this is the best law firm for dui issues! They are professional and responds all the time, communications between the office and myself was on par at all times and bottom line. MY CASE WAS DISMISSED!!!"
    - TW David C.
  • 5 Stars
    "Tyler did a great job for me. I never felt like he wanted me to settle. In fact he would encourage me to hang in there and go to trial. In the end my DWI was dismissed the day of trial. I would definitely recommend them."
    - Robin
Read More Testimonials
  • National Association of Criminal Defense Lawyers
  • Texas Criminal Lawyers Association
  • Harris County Criminal Lawyers Association
  • DUI Defense Lawyers Association
  • The American Chemical Society
  • National College for DUI Defense
  • Best DUI Lawyer
  • National Association of Criminal Defense Lawyers
  • Texas Criminal Lawyers Association
  • Harris County Criminal Lawyers Association
  • DUI Defense Lawyers Association
  • The American Chemical Society
  • National College for DUI Defense
Win an xbox Series X
Tyler Flood & Associates