Having a valid prescription is not a defense to a DWI in Texas. If a medication impairs your ability to drive safely, you can be charged the same as if you’d been drinking, even if you took the dose exactly as your doctor instructed.
How This Charge Works
- Any impairing substance counts. Texas DWI law covers intoxication from alcohol, illegal drugs, or legal prescription medication, alone or combined.
- A valid prescription doesn’t protect you. The question is whether the medication impaired you at the time you were driving, not whether you were legally allowed to take it.
- Combinations are common. Cases involving a prescription mixed with even a small amount of alcohol are charged aggressively, since the combined effect is often unpredictable.
How Texas Punishes It
The same penalty structure applies as any other DWI: up to 180 days in jail and a $2,000 fine for a first offense, escalating with prior convictions.
Where These Cases Are Defended
Drug Recognition Expert evaluations and blood testing for prescription medications are far less standardized than breath testing for alcohol. Whether the medication was actually present at an impairing level, and whether the officer’s observations reflect genuine impairment rather than a medical condition or ordinary side effect, are frequently contested.
Charged With DWI Involving Prescription Medication? Contact Blass Law Now
Contact Blass Law for a confidential case evaluation or call (713)-664-4000.