Plano Driving While Intoxicated with Drugs Lawyer

In Texas, you can be arrested for driving under the influence of legal and illegal drugs. If you are facing conviction for drugged driving, you need to obtain legal help from a reputable McKinney criminal defense lawyer.

The Edgett Law Firm is committed to protecting your rights, reputation, and future.

Our Plano DWI attorneys have more than a decade of legal experience and has been named as part of the Top 100 Trial Lawyers. Schedule your free consultation today by calling (972) 424-0760 or contacting our firm online.

What Drugs Are Prohibited?


Texas’ drugged driving law prohibits a motorist from driving a vehicle while intoxicated, meaning not having the normal use of mental or physical faculties by reason of the introduction of a controlled substance, a drug, or a dangerous drug.

So whether you are under the influence of marijuana or prescribed medicine, any substance that causes you to drive without your mental or physical faculties is subject to a DWI arrest.

The consequences for DWI may include the following, depending on the nature of the crime:

  • A first-time offender faces up to 180 days in jail, a fine of up to $2,000, or both. The driver’s license suspension period is 90 days.
  • A person who commits a second DWI within five years of the first offense faces up to one year in jail, a fine of up to $4,000, or both. The driver’s license suspension period is one year.
  • A person who commits a third DWI within five years of the prior offense faces two to 10 years in prison, a fine of up to $10,000, or both. The driver’s license suspension period is one year.

Beware of the Prescription Drug DWI

If you believe charges for driving while intoxicated (DWI) are only brought against those driving under the influence of alcohol or dangerous drugs such as cocaine and marijuana, it is important to understand that you can also be arrested for operating a vehicle under the influence of prescription drugs.

While pain medication is often the main culprit, other medications (even those considered over-the-counter) may equally impair your ability to drive.

It is a common misconception that if something that is technically legal, such as prescribed medications, then you are immune from prosecution for anything associated with you taking that medication. However, think of medication like alcohol.

Consumption of alcohol is technically legal for individuals 21 years of age and older. It is only where alcohol is combined with driving that potential DWI charges result. So the practice of taking prescribed medication is okay as long as it is not combined with driving a vehicle.

The following medications are known to increase your chances of getting arrested for a DWI in Texas:

  • Ambien
  • Xanax
  • Vicodin and other painkillers
  • Cough syrups with codeine
  • Tylenol PM
  • Claritin
  • Benadryl
  • Alprazolam

First-time DWI arrest for prescription drugs will result in a Class B misdemeanor, which is punishable by a maximum jail sentence of 180 days and a fine of up to $2,000.

Start Building Your Defense Today

With over 1,000 cases successfully handled, we know what it takes to either get your case dismissed altogether or your charges reduced substantially. We can thoroughly evaluate your case and develop an effective defense strategy just for you.

Get honest and reliable representation from our McKinney drugged driving defense lawyer immediately. Call our criminal defense attorneys today at (972) 424-0760 for a free consultation.