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Is it possible to face DUI charges on prescription medication?

On Behalf of | Jun 24, 2022 | DWI

One of the biggest nightmares for any Texas resident is to get pulled over by police and arrested for driving under the influence. What happens if you’re on prescription medication?

What are the elements of a DUI case?

There are two elements of driving under the influence cases. The first is that you must be driving a vehicle or are in control of the vehicle. The second is that you are intoxicated by a substance at the time.

How can a DUI charge for prescription drugs come?

It’s illegal to drive while under the influence of any substance that causes intoxication. Even if there’s a small amount of alcohol or other components that lead you to be intoxicated, you can be charged with a per se DUI if a police officer pulls you over and asks you to submit to a breath test.

Certain types of prescription drugs can affect the way a person is able to control a vehicle. The substance can impact judgment, focus, reaction time and even vision. This can increase the risk of a potential car accident. Even some over-the-counter medications like cough syrup could adversely affect a person’s ability to safely drive.

The way prescription drugs can affect a person also depends on certain factors. This includes things like gender, age, weight, body composition and whether the individual has eaten food prior to taking the medication.

Possible defenses to DUI from prescription drugs

Defenses for DUI charges involving prescription drugs are limited. It might be possible to use the defense of the drug being legally prescribed by a doctor, but this doesn’t always work in the individual’s favor. Another defense is to prove there was no warning about the risks of driving while on the drug.

DUI charges can impact your life. You have a right to protect your rights if you face them.