Most people assume Driving While Intoxicated (DWI) is limited to Alcohol. This assumption is false. Under Texas Law, proof of  intoxication  is established by proof of either:

(a) not having the normal use of mental or physical faculties by reason of introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination or more of those substances, or any substance into the body or

(b) having an alcohol concentration of 0.08 or more.



An individual may be charged with DWI with any drugs even  prescribed medications. Drugs such as cough suppressants and anti depressant medications have a physiological effects in the body that may affect driving abilities. Over the counter drugs also have physiological effects that can affect an individual’s driving abilities. For example over the counter allergy drugs can cause drowsiness; they can also be a cause of a positive horizontal gaze nystagmus (HGN). Nyquil has a 25% alcohol content and is available without prescription. An individual with no criminal history suffering from an illness requiring Nyquil could be charged with DWI in Texas.



The mere presence of drugs is not proof of impairment.It is well known that the use of drugs for certain conditions makes safer driving.We can guide you with a therapeutic defense of  drinking while intoxicated with drugs. For more information about the DWI process, click here. Call us now at 469- 351-9684, Se habla espanol 972- 353- 4529