I was Arrested for DWI, but I Don’t Feel I Was Intoxicated

Stephen H.: Hello. My name is Stephen Hamilton, and I’m a DWI trial attorney board certified in criminal law by the Texas Board of Legal Specialization. I practice in Lubbock, Texas, and the surrounding areas. And today’s DWI video clip is, what if the DWI arrest is not from alcohol, but from a prescription drug. You’re driving down the road, you’ve taken a Xanax pill, you get pulled over because the officer says you were weaving a little bit. He ends up doing some field sobriety tests. He asks you, “Have you taken any medicine?” You tell him, “Well, I took a Xanax.” And he arrest you for a DWI.

Stephen H.: Most people think about a DWI dealing with alcohol, that I’m above the legal limit, a 0.08 or that I’ve consumed so much alcohol that I’ve lost the normal use of my mental or physical faculty. And quite frankly, that’s what most of the DWI are. But the law in Texas says you can be DWI by anything that you put in your body. Drugs, dangerous drugs or prescription drugs.

Stephen H.: Now, unlike an alcohol DWI, there is not a set number. It is whether or not that prescription drug affected your mental or physical faculties. In other words, did you lose the normal use of your mental or physical faculties because you took that prescription drug?

Stephen H.: Prescription drug cases don’t have the same issues as a breath test because you’re not going to show anything on a breath test. But oftentimes, if they have you give a breath test and you have no alcohol, they will then ask for a blood test. And when they test the blood, there’ll be testing for various types of drugs including prescription drugs. So if you’ve been arrested for a DWI because of a prescription drug case, call me immediately. My office number is (806) 794-0394. There are some issues that we have to look at quickly dealing with the prescriptions and your medical doctor.

Stephen H.: My name is Stephen Hamilton. Thanks for watching and have a great day. (Silence)


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