Most people think of alcohol or illegal drugs when they hear about a DWI (Driving While Intoxicated), but in Texas—and many other states—you can also be charged with DWI if you’re impaired by prescription medication. That’s right: even if you have a valid prescription, you can still be arrested and prosecuted if the medication affects your ability to drive safely.
Texas Law Is Clear on Impairment
Under Texas Penal Code § 49.04, a person commits a DWI offense when they operate a motor vehicle in a public place while intoxicated. Intoxication isn’t limited to alcohol—it includes any substance that impairs your mental or physical faculties. That means if a medication—whether it’s prescribed to you or not—makes you drowsy, slows your reaction time, or otherwise affects your ability to drive, you can be charged with DWI.
Common Prescription Drugs That Can Lead to DWI Charges
- Benzodiazepines (e.g., Xanax, Valium)
- Sleep aids (e.g., Ambien, Lunesta)
- Opioid painkillers (e.g., Oxycodone, Hydrocodone)
- Muscle relaxants (e.g., Soma, Flexeril)
- ADHD medications (e.g., Adderall, Ritalin)
- Antidepressants or anti-anxiety medications
Even over-the-counter drugs, when taken in large amounts or mixed with other substances, can contribute to impairment.
“But It Was Prescribed!” Isn’t a Defense
Having a prescription does not make you immune to DWI charges. The key legal issue is impairment, not legality. If an officer observes erratic driving or other signs of intoxication, and you admit to or test positive for a prescription medication that could cause impairment, you can be arrested just as if you’d been drinking.
How Law Enforcement Proves It
In a DWI involving prescription drugs, there may not be a breathalyzer result—but police can rely on:
- Field sobriety tests
- Drug Recognition Experts (DREs)
- Blood tests showing levels of medication
- Body camera footage and witness testimony
Consequences of a Prescription Drug DWI
Penalties for a prescription-related DWI are generally the same as those for alcohol-based DWI:
- Fines up to $2,000 (or more with prior offenses)
- Jail time
- Driver’s license suspension
- Probation and mandatory drug education classes
- A permanent criminal record
Be Smart, Be Safe
Always read your prescription labels, especially the warnings about driving or operating machinery. If you’re unsure whether it’s safe to drive, don’t take the risk. Impairment is impairment—regardless of the source. If you have further questions about the medicine you take and DWI, our lawyers are here to help.
