Prescription Medication and Avoiding Arrest in Texas for Driving While Intoxicated

“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. Thus, 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 legitimate 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.

Please consult with an attorney immediately if you have been arrested for Driving While Intoxicated. Author and criminal defense attorney, Gary S. Miller, has the knowledge and experience to fight the charges against you. Mr. Miller has tried over twenty-five jury trials and resolved thousands of cases. For more information or to schedule and appointment with Gary S. Miller, please call 713.866.6233or email millerlaw@millerdefense.com

Gary S. Miller is a former Chief Prosecutor in Harris County, which gives him a distinct advantage by knowing the prosecutors and judges in Harris County and how the criminal system works in Houston, Texas and throughout all courts in Texas. Mr. Miller has been a guest lecturer on criminal legal matters at Thurgood Marshall School of Law in Houston, Texas.