Prescription Drug DWI

The abuse of prescription drugs in the United States is on the rise, and Texas is no exception. Often stemming from an addiction that remains after a legitimate medical use, prescription drug addicts continue to use the drug long after the medical need is gone.

Given the other side effects of these drugs—such as delayed reaction or blurred vision, can impair a person’s ability to correctly operate a motor vehicle—it’s no surprise that if caught driving with prescription drugs in your system, you will likely be charged with DWI. An experienced criminal defense attorney in Dallas-Fort Worth can help protect your rights and fight against these charges.

Dallas Prescription Drug DWI Defense Lawyer

Driving under the influence is commonly associated with alcohol, but in Texas driving while intoxicated means being intoxicated by any substance, including prescription drugs. If you are facing a prescription drug DWI charge in Dallas County, Denton County, Collin County, Tarrant County, Rockwall County, Johnson County, Wise County, or Ellis County, contact the experienced DWI defense lawyers of Law Offices of Richard C. McConathy.

They will fight to protect your rights while exposing the cracks in the prosecution’s case. Your first consultation is free, so call (972) 233-5700 today to see what Law Offices of Richard C. McConathy can do for your prescription drug DWI case in the Dallas area.


Overview of Prescription Drug DWI Arrests in Dallas/ Fort Worth


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Texas Definition of DWI

A DUI offense in Texas is known as Driving While Intoxicated, or DWI. Texas Penal Code Section § 49.04 states that it is illegal for any person to operate a motor vehicle in a public place in Texas if that individual is intoxicated. The term “intoxicated” is defined by Section § 49.04 as either not having the normal use of physical and/or mental faculties due to the presence of alcohol, drugs, dangerous drugs, controlled substances, or any other substance of impairment or having a blood or breath alcohol concentration (BAC) of .08 or higher (per se intoxication).

Most prescription drugs that can cause a form of impairment as a side effect are on the Texas Drug Schedule and thus a controlled substance as mentioned in the DWI statutes. A law enforcement officer may attempt to test and/or charge you with prescription drug DWI if he or she believes you are impaired but finds no evidence of alcohol. Other factors may also cause a DWI arrest and subsequent drug test, such as the presence of a prescription bottle in the vehicle during a routine traffic stop in Dallas-Fort Worth.

What levels of prescription drugs in your blood indicate impairment are not specifically defined in the Texas Penal Code. Due to the lack of guidance from the law, the prosecution will need to prove impairment beyond a reasonable doubt based on other factors, such as expert testimony or the officer’s testimony. An experienced DWI lawyer in Dallas can build a solid defense against your alleged impairment and work to get your prescription DWI case dismissed.


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Prescription Drugs Commonly Abused in Dallas County

The prescription drugs found in many Dallas area DWI cases match the rising trends for prescription drug abuse in the DFW Metroplex. This is probably because the drugs that can cause side effects that may lead to a DFW DWI are the same drugs that have a high potential for addiction or dependency, the main factor that leads to abuse. An experienced DWI defense lawyer can defend you for a DWI charge you received while allegedly impaired by any of the following or other prescription drugs:

  • Adderall
  • Codeine
  • Dextromethorphan (DXM)
  • Hydromorphone (Dilaudid)
  • Oxycontin
  • Percocet
  • Ritalin
  • Soma
  • Stadol
  • Steroids
  • Tussin
  • Valium
  • Vicodin
  • Xanax

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Legitimate Prescription Not a Valid Texas DWI Defense

Though in Texas it is the right of a person to take medication that he or she has been legally prescribed according to his or her physician’s instructions, it is not that person’s right to exercise his or her Texas driving privilege while having those medications in his or her system, especially if those medications may cause impairment.

Therefore, according to Texas Penal Code Section § 49.10 it is not a valid defense to a Texas DWI charge to have a legitimate prescription for the controlled substance that allegedly caused impairment, even if you are taking your medication exactly as prescribed. Your knowledgeable Dallas criminal defense lawyer specializing in DWI will have to find other defenses, such as proof of lack of impairment, to help you avoid the severe penalties in Texas for prescription drug DWI.


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Penalties for DFW Prescription Drug DWI

Generally, a first offense for prescription DWI in Texas is a Class B misdemeanor, which comes with up to 72 hours to 180 days of prison, up to $8,000 in fines and surcharges, a one-year driver’s license suspension, and 24-100 hours of community service. A second DWI in Texas is a Class A Misdemeanor, and a third is a Third-Degree Felony.

Additional sanctions like increased mandatory minimum jail time may be imposed for factors in your case such as an open alcohol container or a minor passenger. A prescription drug DWI charge may also come tandem with an illegal possession charge, which would bring its own penalties to your DWI case. Working with an experienced and knowledgeable Dallas criminal defense attorney may increase your chances for a more favorable outcome.


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Law Offices of Richard C. McConathy | DWI with Prescription Drugs Defense Attorney in Fort Worth

If you are facing a DWI charge involving prescription drugs anywhere in Dallas-Fort Worth, including Richardson, Addison, Garland, Irving, Grapevine, Grand Prairie, Denton, Plano, Frisco, McKinney, Arlington, Mesquite, Carrolton, or Lewisville, contact the experienced DWI lawyers of Law Offices of Richard C. McConathy.

We will fight to obtain a favorable outcome in your case. Call (972) 233-5700 today to schedule your free initial consultation.


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Client Testimonials

  • 5 stars
    I would like to thank the Law Office of Richard C. McConathy for your awesome and courtious attention to professionalism. I am amazed at Richard and Brian''s ability to get a fast resolution and am grateful to them for the time put into this matter. I could feel the genuine concern and dedication that the attorney''s put on my case.
    - Andrea L.
  • 5 stars
    I hired The Law Office of Richard C. McConathy after I got arrested for DWI. In my life of work, I absolutely could not have a conviction on my record. At trial, I was found Not Guilty. Brian and Richard are the best lawyers in Dallas!
    - David C.
  • 5 stars
    I was able to keep my driver''s license and keep a clean a record as both the ALR and DWI case were both dismissed! I was pleased with their professionalism and ability to work with me to achieve the best possible outcome, dismissals all around.
    - James M.
  • 5 stars
    I was pulled over on the North Dallas Tollway for going 90 mph. The cop said that I was all over the road, and failed all the field tests and was obviously intoxicated. I pretty much lost all hope that I would walk away from this. That was until I found Richard McConathy. Richard and his firm fought the DA and eventually got my case dismissed. I couldn''t give a bigger recommendation for these guys. If you''re in trouble don''t hesitate, it is worth it.
    - Greg B.
  • 5 stars
    The law offices of Richard C. McConathy represented me with the utmost professionalism and they secured a victory for my probation revocation case. My case was nine years old and I was told by other firms that it would be very difficult to get the judge to revoke. This firm took my case on, and not only won the judgment, but also got the original probation case conditions dismissed. I highly recommend this law firm to any person in need if legal representation. They are very considerate and extremely knowledgeable.
    - Brant G.
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