Prescription Medication and Avoiding Arrest in Texas for Driving While Intoxicated

A little known fact in Texas is that ingesting valid prescription medications can result in an arrest for driving while intoxicated even though no alcohol is present in your system.

A little known fact in Texas is that ingesting valid prescription medications can result in an arrest for driving while intoxicated even though no alcohol is present in your system. It seems counterintuitive when thinking about driving while intoxicated, which is typically associated with drinking alcohol, due to the constant barrage of television commercials and roadway signs about drinking and driving.

"Intoxication" is defined under the laws of Texas as any of the three following ways: (1) loss of your normal mental faculties; (2) loss of your normal physical faculties; or (3) having a blood alcohol level of 0.08.  The latter method would not apply to a case involving prescription medication or illegal substances.  Thus, the first two definitions show the stark reality of being charged with driving while intoxicated due to prescription medication by losing either the normal use of your mental faculties or physical faculties or both.  

Importantly, there is no distinction whatsoever under Texas law regarding the actual substance that causes intoxication. The substance used can be an illegal drug such as cocaine or methamphetamine, b

Please consult with an attorney immediately if you have been arrested for Driving While Intoxicated. Author and criminal defense attorney, Gary S. Miller, has the knowledge and experience to fight the charges against you.  Mr. Miller has tried over twenty-five jury trials and resolved thousands of cases.  For more information or to schedule and appointment with Gary S. Miller, please call 713.866.6233or email millerlaw@millerdefense.com

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