DWI with a Prescription Drug
Driving under the influence of prescription drugs is a crime in the state of Texas. Most individuals associate DWI charges with alcohol, but overall, any substance that impairs someone’s ability to drive can lead to a DWI. Under the Texas statutes, a person is considered legally intoxicated when their blood alcohol concentration reaches 0.08% or if their physical or mental faculties are impaired to the point it’s unsafe to drive.
Unfortunately, not many people realize that a DWI prescription drug offense carries various consequences aside from jail time, prison time, and steep fines. Some of the collateral consequences of a DWI prescription drug conviction include losing employment, license suspension, and reputation damage. If you have been convicted of a DWI prescription drug crime, it is important to obtain a skilled DWI attorney in Houston that can help you fight those charges and obtain a favorable outcome.
Houston Prescription DWI Attorney
Driving while intoxicated with a prescription drug is a serious crime that can lead to severe penalties. If you or a loved one have been arrested for drunk driving in Houston, we advise you to seek experienced legal representation. Matt Horak is a criminal defense attorney can help you navigate the Texas legal system and fight to obtain the best possible result for your criminal case.
Matt Horak represents clients in Houston, The Woodlands, Sugar Land, and the surrounding areas of Harris County, Montgomery County, Fort Bend County, Brazoria County, Galveston County, Liberty County, or Waller County. Contact Horak Law today at (713) 225-8000 and schedule a free, initial consultation. We are prepared to review your case.
Information Center
- What is a DWI in Texas?
- Common Texas Prescription Drugs
- Penalties for DWI with a Prescription Drug
- Additional Resources for DWI Prescription Drugs
What is a DWI in Texas?
According to Texas Penal Code Sec. 49.01, DWI is the operation of a motor vehicle while intoxicated in a public place. In the state of Texas, driving under the influence (DUI) is also known as driving while intoxicated (DWI). Per the statute, “intoxicated” is defined as not having the normal use of mental or physical faculties due to the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances.
Usually, motor vehicle operators will face DWI charges if their blood alcohol concentration (BAC) goes above the federal limit of 0.08. If a law enforcement officer perceives that a driver’s mental and physical capabilities have been impaired to the point they can no longer operate a vehicle safely, they will utilize a breathalyzer, field sobriety test, or unusual behavior as evidence of impairment.
Common Texas Prescription Drugs
Drug-related DWI often include painkillers and Central Nervous System (CNS) Depressants, which are utilized to treat anxiety and convulsions. Prescription drugs carry several effects that may impact a person’s ability to operate a motor vehicle. From inducing drowsiness to reduced response time, common prescription drugs that can impair driving capabilities include:
- Ambien
- Percocet
- Hydrocodone
- Codeine
- Xanax
- Morphine
- Darvocet
- OxyContin
- Vicodin
- Lortab
- Valium
- Vicodin
- Lortab
Penalties for DWI with a Prescription Drug
Many individuals who rely on prescription drugs may not understand the severe repercussions that come with driving while intoxicated. If a police officer determines that a person was driving while intoxicated due to the use of the prescribed medication, they can still arrest them and charge them with DWI.
The penalties for DWI are determined by several factors. These include a person’s blood alcohol content (BAC), prior convictions, whether underage passengers were present and whether there were deaths involved. Texas DWI penalties range as follows:
First DWI Offense (Class B Misdemeanor):
- Up to $2,000 maximum fine
- 72 hours to 180 days in jail
- 90 to 365 days of license suspension
DWI with Blood Alcohol Concentration (BAC) at or over .15 (Class A Misdemeanor):
- Up to $4,000 maximum fine
- 72 hours to 1 year in county jail
- 90 to 365 days of license suspension
First DWI with Open Container Enhancement (Class B Misdemeanor):
- Up to $2,000 maximum fine
- 6 days to 180 days in jail
- 90 to 365 days of license suspension
Second DWI Offense (Class A Misdemeanor):
- Up to $4,000 maximum fine
- 30 to 365 days in jail
- 180 days to 2 years of license suspension
Third DWI Offense (Third-Degree Felony):
- Up to $10,000 maximum fine
- 2 to 10 years in Texas Department of Criminal Justice (TDCJ)
- 180 days to 2 years of license suspension
Third or more DWI with 1 prior state prison sentence (Second Degree Felony):
- Up to $10,000 maximum fine
- 2 to 20 years in Texas Department of Criminal Justice (TDCJ)
- Up to 2 years of license suspension
Third or more DWI with 2 prior state prison trips (Enhanced Felony Punishment):
- Up to $10,000 maximum fine
- 25 years to life in Department of Criminal Justice (TDCJ)
- Up to 2 years of license suspension
Additional Resources for DWI Prescription Drugs
Texas Penal Code: Drug DWI – Click this link to view Chapter 49 of Texas Penal Code which constitutes driving while intoxicated. The Texas Penal Code contains all of the criminal laws in Texas. Visit the website to learn more about DWI penalties, enhanced DWI offenses and other alcohol-related crimes. You can also view definitions of DWI-related terms.
Sober Rides — The Texas Department of Transportation (TxDOT) launched the Sober Rides website to combat drunk driving by providing Texans with options for getting home. Utilize this website to call a cab or rideshare service, phone a friend, or find alternate modes of transportation. Sober Rides also provides resources such as PSA videos.
Texas Department of Transportation / Driving Under the Influence – Visit the Texas Department of Transportation website to read more about driving under the influence. You’ll be able to read about DWI penalties, details on drunk driving with a child passenger and how to know when a person is legally intoxicated. You can also utilize the page to report an issue on the road or to file complaints.
Houston DWI Defense Lawyer, TX
If you are facing a DWI charge involving prescription drugs, contact our criminal defense lawyers at Horak Law. Attorney Matt Horak and his team will make every effort to help you avoid the most serious repercussions and penalties for your DWI charges. Don’t face the judge and prosecutor alone.
The time is ticking so it’s best to contact us now at (713) 225-8000. We will provide a free, initial consultation. Horak Law represents clients in Southeast Texas, including Houston, The Woodlands, Sugar Land, or surrounding areas of Harris County, Montgomery County, Fort Bend County, Brazoria County, Galveston County, Liberty County, or Waller County.
