Prescription Medication and Avoiding Arrest in Texas For Driving While…

Prescription Medication and Avoiding Arrest in Texas For Driving While…




A little known fact in Texas is that ingesting valid prescription medications can consequence in an arrest for driving while intoxicated already though no alcohol is present in your system. It seems counterintuitive when thinking about driving while intoxicated, which is typically associated with drinking alcohol, due to the continued barrage of television commercials and roadway signs about drinking and driving.

“Intoxication” is defined under the laws of Texas as any of the three following ways: (1) loss of your normal mental faculties; (2) loss of your normal physical faculties; or (3) having a blood alcohol level of 0.08. The latter method would not apply to a case involving prescription medication or illegal substances. consequently, the first two definitions show the stark reality of being charged with driving while intoxicated due to prescription medication by losing either the normal use of your mental faculties or physical faculties or both.

Importantly, there is no distinction whatsoever under Texas law regarding the actual substance that causes intoxication. The substance used can be an illegal drug such as cocaine or methamphetamine, but it also can be a completely authentic prescription received from a licensed physician. Further, prosecutors are no longer required to prove what the alleged intoxicant was; it simply does not have to be identified at all. This extremely low threshold leads to arrests of individuals whom had no idea that following their doctors’ advice would end up with them being arrested and require an experienced criminal lawyer to defend your case in court. Criminal attorney in Houston can help you to solve your law related problems.




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