If you think charges for driving while intoxicated (DWI) are only brought against people driving under the influence of alcohol, you might be surprised to find out that in Texas, you can be arrested for operating a motor vehicle under the influence prescription drugs (or, even over the counter drugs). In Texas, a first time DWI arrest for prescription drugs will result in Class B misdemeanor charges being brought against you. If you are arrested for a second prescription drug-related DWI, you will face Class A misdemeanor charges, and any subsequent arrests expose you to felony charges, which carry mandatory minimum prison term of two years, and a maximum of ten years.
Driving While Using Prescription Drugs in Texas
Many prescription drugs have warning labels cautioning you not to drive while using the drug. When that warning is present, you must heed it. Anxiety drugs like Ativan, narcotic pain relievers like hydrocodone, and sleeping pills like Ambien all contain warnings not to drive while using them. Many people rely on these drugs to function in their daily life, and simply do not understand the potentially disastrous consequences if a law enforcement official determines that they are driving while impaired as a result. To successfully charge somebody with DWI, the state must prove either that your BAC was measured at .08% or higher, or that your normal mental or physical faculties were impaired by alcohol or drugs. Tests for alcohol, blood, urine, or breath, have concrete results and are easier to challenge than to prove a negative (that your physical or mental faculties were not impaired at the time of your arrest).
Defenses to Charges of DWI from Prescription Medication in Texas
John M. Cook understands how to vigorously defend charges like these, and is uniquely qualified to bring the most nuanced defense possible, given his history as a police officer, a detective, and a prosecutor, before becoming a defense attorney. Being arrested when you have not been drinking or taking illicit drugs is terrifying, and we will aggressively defend your case and seek to have the charges against you lowered or outright dismissed.
We will thoroughly investigate your case, beginning with reviewing the circumstances surrounding your arrest. The results of any field sobriety tests, breath tests, blood tests, and any other tests that the state made you undergo before or after your arrest will be carefully analyzed. Sometimes testimony from your doctor or an expert will be necessary in your defense, although oftentimes things can be resolved before reaching that point. There are many considerations brought to bear when fighting DWI charges which arose out of prescription drug use, and my staff and I will exhaust every last one of them defending your rights.
Have You or a Loved One Been Arrested for DWI on Prescription Drugs?
Attorney John M. Cook is a well-regarded, well renowned criminal defense attorney in the Dallas area. He is well known on both sides of the courtroom, and his prior law enforcement experience gives him an insight into defending criminal cases that other criminal defense attorneys just do not possess. Mr. Cook consistently obtains positive outcomes for his clients, and has many reviews saying as much. John M. Cook is well known for his extensive criminal defense experience, especially with DWI cases, and he was recently invited to lecture to other defense attorneys on DWI defense topics, including blood testing.
Call the Dallas, Texas Law Offices of John M. Cook
If you or a loved one is facing DWI charges stemming from the lawful use of prescription drugs, we encourage you to speak with a skilled and confident DWI defense attorney today. Attorney John M. Cook is singularly aware of any and every angle the prosecutor may use against you, and understands how to defend prescription drug DWI cases. Call 214-521-6679 today, or email Mr. Cook for a free initial consultation.