Driving while intoxicated (DWI) in Texas is often associated with alcohol consumption, but the reality is that driving under the influence of prescription drugs can be just as dangerous and legally complex. Commonly prescribed medications such as opioids for pain relief, benzodiazepines for anxiety, and certain antidepressants can affect your motor skills, reaction time, and judgment.
In Houston, and across Texas, driving while impaired by any substance – legal or illegal – constitutes a DWI. In this blog, we will explore the risks of DWI caused by prescription drugs, and the role of a Houston DWI attorney in defending against such charges.
Understanding Impairment
Impairment from prescription drugs may not be as immediately recognizable as alcohol impairment. However, the effects can be just as severe. For instance, opioids can cause drowsiness, dizziness, and slowed reaction times. Benzodiazepines can lead to sedation, confusion, and impaired coordination. Even medications that are not typically associated with impairment, such as some antihistamines, can cause drowsiness and slow your reflexes.
Legal Implications of Prescription Drug DWI in Houston
In Houston, the law does not differentiate between impairment caused by alcohol and that caused by prescription drugs. According to Texas Penal Code 49.04, a person is considered intoxicated if they do not have the normal use of mental or physical abilities due to the introduction of alcohol, a controlled substance, a drug, or a combination of these substances.
If you are found driving while impaired by prescription drugs, you can be charged with a DWI. The penalties for a prescription drug DWI are similar to those for an alcohol-related DWI, including fines, license suspension, and potential jail time. To defend your rights contact Houston drunk driving attorney.
At your first offense, the charge is typically classified as a Class B misdemeanor, resulting in fines up to $2,000, and 72 hours to 180 days of jail time. Penalties also include license suspension from 90 days to 1 year. Additionally, there may be court costs, probation fees, and mandatory participation in a DWI education program. The exact length of the license suspension can vary based on whether you refused a chemical test.
The penalties for the second offense are more severe, including fines up to $4,000, jail time from 30 days to 1 year, and a license suspension from 1 to 2 years.
The penalties for a third offense include fines up to $10,000, jail time from 2 to 10 years in state prison, and license suspension from 180 days to 2 years.
Get Expert Legal Help
In Houston, driving while impaired, even by a legally prescribed medication, can lead to severe consequences. The best way to avoid a prescription drug DWI is to be fully aware of potential side effects and seek legal guidance.
If you find yourself facing DWI or DUI charges, contact the Houston DWI lawyer Tad A. Nelson at 281-502-2122. With deep experience in handling a variety of DWI cases, we can effectively challenge the evidence against you, scrutinize the procedures used during your arrest, and reduce or dismiss the charges.
