There are many misconceptions surrounding a charge of driving while intoxicated that drivers oftentimes may not realize their rights or what may be prohibited under this umbrella. One of the common mistakes many people make when thinking about DWI is that only someone under the influence of alcohol can be arrested. Any driver that is under the influence of any substance that impairs their ability to drive a car in the same way they would be able to if they were sober may be arrested for DWI, even if that substance is prescription medication.
How are prescriptions considered DWI?
While prescription medication is prescribed by a doctor to help you treat a symptom, these drugs are still considered controlled substances, meaning that they have a limited scope of use. They are listed as controlled substances usually because they affect the normal function of your body in some way. If you are taking prescription drugs and driving a vehicle , you may be charged with DWI !
For an alcohol-related DWI, law enforcement can use your blood alcohol content to prove that you were intoxicated. In Texas, a driver is unable to get behind the wheel of a car if their BAC is over .08%. Unfortunately, there is no way to measure the amount of drugs that must be in a driver’s bloodstream before they are considered to be too impaired to drive. Police must prove that your mental or physical abilities were impaired by taking the prescription medication.
If you have been arrested and under the influence of medication, you may be facing:
- First DWI: 180 days in jail and a $2,000 fine
- Second DWI: One year in jail and a $4,000 fine
- Third DWI: 10 years in prison and a $10,000 fine
In addition, a judge may decide to order you to install an ignition interlock device on your vehicle, serve community service, attend DWI school, suspend your license, and ensure you have a criminal record.
If you have been arrested after driving under the influence of prescription medication in San Antonio, you need the help of a reliable DWI defense attorney that can help you. Attorney Guillermo Lara is here to fight on your behalf. With a scientific and data-driven background, our lawyer examines all of the possible evidence that law enforcement may have against you and aggressively fights to diminish or eliminate the charges against you. Call for your free consultation now!