Many people use prescription drugs, and most adults drive. Sometimes prescription medication use (or the unprescribed use of medications) can lead to legal trouble for a person who is simply following their doctor's orders while operating their own vehicle.
If you were arrested for a drug-related offense like driving under the influence of drugs (DUID) in Texas, you need to know your legal rights and protect those rights because a DUID or DWI on your record can cause problems that last for years.
What does the law actually say?
A lot of us know that it's illegal to drive in Texas with a blood alcohol concentration (BAC) above .08 percent -- there's a specific legal limit to the amount of alcohol you can have in your blood. But most drivers don't know the law concerning DUID.
With prescription drugs (or any other drugs), there's no specific metric for what's legal or not. But there are specific penalties if you are convicted of DUID: you'll be treated like a drunk driver, which means you can lose your license, pay hefty fines, suffer damage to your reputation and even risk spending time in jail.
Regarding drugs, Texas law says, essentially, that you can't be impaired in your ability to drive because of a controlled substance. And that's a problem for many drivers because a DUID arrest can hinge on evidence that is quite subjective.
So what do I do now?
Being arrested is a very stressful experience, but it is not the end of the world. In general, experienced defense attorneys recommend some basic things to their clients:
- Be respectful and polite to the deputy, trooper or police officer who arrests you, regardless of how the officer speaks to you.
- Do not discuss your case with law enforcement officers -- without talking to a lawyer first. It could make things much worse.
- Get the advice of a defense attorney who understands DWI and DUID. A skilled attorney can take a variety of actions to help you minimize the consequences of a DUID or DWI arrest. These actions often involve the court AND the DMV, which handles important matters relating to your driving privileges.
Every case is different. Get the help you need with your case.