What prescription drugs can you not drive on? This is a question everyone should ask if they’re currently taking medication (even if it is an over-the-counter medication). Believe it or not, you can get a DWI for driving while under the influence of legally prescribed medication. This is because certain medications can affect your ability to drive safely and negatively impact coordination and reaction times.
But how do you know which prescription drugs affect your driving and can land you in hot water with the police? Let’s quickly discuss why certain medications can impair driving, which ones you should be careful with, and how to fight back against a DWI prescription drug charge.
Why do prescription drugs impair driving?
There are a variety of ways prescription drugs can create unsafe driving conditions and result in you or a loved one facing DWI charges in Texas. What exactly do these conditions look like, though? In many cases, it’s an overwhelming feeling of drowsiness, but in other cases, prescription meds could:
- Make you nauseous
- Blur your vision
- Slow down your movement
- Cause you to faint
- Speed up your heart rate
All of these side effects can make it hard to concentrate, mess with your reaction time, cause confusion, or make it more difficult to see the road and other cars — all of which can make it more dangerous on the road for you and other drivers.
What medications could land you with a DWI in Texas?
When it comes to prescription drugs and DWI in Texas, there’s a lot you need to consider. For example, certain prescriptions can impact you an hour or two after taking them, while others might hit you instantly. You could also feel the side effects for a few minutes, a few hours, or even the entire day. This is why it’s incredibly important to read the warning labels carefully and to speak with your doctor about the consumption and possession of prescription drugs while driving.
Here are some categories of drugs that can impact you while driving:
- Antidepressants
- Anti-seizure drugs
- Meds for anxiety
- Pain relievers
- Muscle relaxants
- Sleeping pills (and some antihistamines, CBD, and cold medications)
- Stimulants and diet pills
Keep in mind, not every medication within these categories will cause driving impairment. It will depend on the specific drug and the dosage. It can also depend on whether or not you’re taking multiple medications at the same time or if you’ve been drinking any alcohol. Again, it’s important to read the warning label, so you can better understand how your body will react to the drug in different circumstances.
Note: Possession of dangerous drugs is not the same as a prescription drug DWI. Dangerous drugs include substances such as cocaine and heroin and involve much harsher penalties.
How to avoid a prescription drug DWI charge
Talk to your doctor
First and foremost, you should always consult with your doctor after being prescribed a new medication. Generally speaking, they can help you answer the question, “What prescription drugs can you not drive on?” but in a way that is more relevant to you and focuses on any drugs you’re currently taking or have been prescribed. They can also help you determine how a specific prescription will interact with other medications.
Read the warning label
We’ve already mentioned it a few times, but it’s worth mentioning again — read the warning labels on every medication (especially if it’s an OTC medication). With OTC medication, in particular, people generally assume that they’re safe to drive on. But this isn’t always true. There are OTC antihistamines and cold medications that can lead to enhanced drowsiness and sometimes blurry vision. When combined with other drugs (or alcohol), these side effects can become even more problematic for driving.
Err on the side of caution
Unless you’re taking medication that inhibits your ability to think clearly, you can usually tell if a prescription drug will impair driving. It’s important to listen to your body and watch for signs of drowsiness, blurry vision, slowed reactions, and more. If you take any prescription drug or OTC medication and notice these issues, do not drive.
What are the penalties?
There are a variety of drug classifications that all come with different levels of legal penalties when it comes to DWI. However, when it comes to driving under the influence of prescription drugs, you’ll likely face a misdemeanor DWI charge. A charge of this degree can result in 6 months of jail time, community service, a license suspension, and a $2,000 fine. If you have previous DWI convictions, these penalties can increase and your misdemeanor could move up to a felony.
While it is dangerous to drive under the influence of prescription drugs that impair driving, there is a plus side to fighting this particular type of DWI charge: it is hard to prove in court.
Breathalyzers can’t detect prescriptions, and it can be very difficult for an officer to prove prescription drugs are in your system with a field sobriety test. However, they can test your blood for prescription drugs. However, even if you opt to take a blood test instead of a breathalyzer, the medications still might not be identified. And just because a drug is present doesn’t mean that it’s psychoactive.
But Thiessen Law Firm can help. We know exactly how to fight back against the charge and win. As Houston’s go-to DWI defense law firm, we’re ready to help you overcome your DWI charge and keep your criminal record clean and clear. You need a lawyer that knows the difference between a drug being present and a drug being psychoactive. We do!
What to do if you’ve been pulled over and are worried about getting a prescription drug DWI
Here’s what Thiessen Law Firm recommends that you do and don’t do if you’ve been pulled over:
- Do not tell the officer anything. Do not let them know you’re taking any prescription drugs. Remain silent.
- Do not carry your prescriptions in your vehicle. Officers can use the label on the bottle as probable cause. Keep it home.
- Do not take a blood test. We almost always recommend taking a breathalyzer over a blood test — even if you’ve been drinking. This is especially true if you’re under the influence of prescription drugs. A blood test is much more likely to identify those drugs, which can make it extremely more challenging to fight in court.
- Do not be ignorant. Read up on your rights during a traffic stop and know what you do and do not have the right to do if an officer is questioning you or asking you to submit to a test of any kind.
- Do not take your charges lightly. You do not want a DWI on your record for driving under the influence of antihistamines. Even though it sounds like a joke, it’s not. If convicted, it can remain on your criminal record for years to come.
Have you been charged with a prescription drug DWI?
If you were pulled over and charged with a DWI for allegedly driving under the influence of prescription drugs, then you’ve asked yourself the question, “What prescription drugs can you not drive on?” a little too late.
But Thiessen Law Firm can help. We know exactly how to fight back against the charge and win. As Houston’s go-to DWI defense law firm, we’re ready to help you overcome your DWI charge and keep your criminal record clean and clear. You need a lawyer that knows the difference between a drug being present and a drug being psychoactive. We do!
If you’d like to learn more about how we can help give us a call at 713-864-9000 or contact us today for a free case evaluation.
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- Can You Refuse a Breathalyzer Test?
