Can Prescription Cold & Flu Medicine Lead to a DWI in Texas?

When you’re feeling sick, reaching for that over-the-counter cold or flu medicine is often the quickest solution to relieve symptoms like congestion, fever, and fatigue. However, many individuals are unaware that certain medications can impair their ability to drive, potentially leading to a DWI (driving while intoxicated) charge in Texas. The laws surrounding driving under the influence of prescription and over-the-counter medication are complex and can have severe consequences if violated.

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In Texas, even prescription drugs, which are legally prescribed to an individual, can impair a person’s faculties enough to warrant a DWI charge. Understanding the potential risks and implications of driving while under the influence of medication is essential for anyone who takes these substances. Let’s dive deeper into how prescription cold and flu medicine could impact your ability to drive and whether it could lead to legal troubles.

The Link Between Prescription Medications and Driving Impairment Can Prescription Cold & Flu Medicine Lead to a DWI in Texas?

Prescription cold and flu medications are designed to alleviate symptoms of sickness, but many of them can cause side effects that impair your cognitive and physical abilities. These side effects often include drowsiness, dizziness, and a lack of focus, all of which can make it dangerous to drive. While you might not think twice about taking these medications, it’s important to remember that under Texas law, impairment due to any substance—whether alcohol, drugs, or medication—can lead to a DWI charge. Texas law does not require the prosecution to prove that an individual was legally intoxicated based on a specific substance. Instead, the law focuses on whether your normal faculties were impaired. In other words, if you are unable to operate a vehicle safely due to the effects of medication, you can still be arrested for a DWI. The state recognizes prescription and over-the-counter medications as potentially impairing substances.

Attorney Deandra Grant

Deandra M. Grant

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Douglas E. Huff

Partner & Criminal Division Chief

Kevin Sheneberger

Criminal Trial Division

Texas Attorney Omar Sherif

Omar Sherif

Criminal Trial Division

Jada Fairley

Associate Attorney

James Lee Bright

Of Counsel

Common Prescription Medications That Could Lead to DWI

Several common prescription and over-the-counter medications used for cold and flu relief can lead to impairment. Here’s a closer look at some of the most common substances that may affect your ability to drive:
  • Antihistamines: These are commonly found in cold medications and allergy treatments. While they can effectively alleviate sneezing, runny nose, and congestion, antihistamines often cause drowsiness, which can impair your reaction time and alertness.
  • Cough Syrups with Codeine: Many cough syrups contain codeine, a narcotic that can cause drowsiness, dizziness, and confusion. Even if you are prescribed this type of medication, the sedative effects can lead to slowed motor coordination and poor decision-making ability—both of which are critical for safe driving.
  • Decongestants: These medications are used to relieve nasal congestion. While generally less sedating, they can cause side effects like dizziness or blurred vision, which can make driving risky.
  • Pain Relievers: Over-the-counter pain relievers like acetaminophen (Tylenol) and ibuprofen are typically not considered impairing. However, when combined with other medications like antihistamines or cough syrup, they can create compounded effects that make driving unsafe.

How Prescription Medications Can Lead to a DWI

The key factor here is that prescription medications, while legally obtained and prescribed, can still impair your ability to drive safely. Even though you may not feel “drunk” in the traditional sense, the impairment caused by these medications can be just as dangerous. For example, you might feel drowsy, experience difficulty concentrating, or find it hard to react quickly in an emergency situation. These symptoms could lead to impaired driving ability and put you at risk for an accident.

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Texas law does not differentiate between alcohol, illegal drugs, and prescription medications when it comes to determining whether a person is impaired. This means that if an officer believes that you are under the influence of any substance that impairs your faculties, including prescription medications, you could be arrested for a DWI. The arrest could happen even if you have a valid prescription and are taking the medication exactly as directed.

Legal Implications of Driving Under the Influence of Medication

In Texas, a DWI charge is a serious offense with far-reaching consequences. If you are arrested for a DWI, whether due to alcohol or prescription medication, you could face fines, a driver’s license suspension, and even jail time. For first-time offenders, penalties can include a fine up to $2,000 and a license suspension for up to a year. Repeat offenders face harsher consequences, including higher fines, longer license suspensions, and mandatory alcohol or drug education programs.

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If you are involved in an accident while driving under the influence of medication, the consequences can be even more severe. A DWI charge could escalate to a felony if there is bodily injury or death involved. This can lead to significant jail time and a permanent criminal record.

How to Stay Safe When Taking Prescription Medications

If you are prescribed medication that may impair your ability to drive, there are steps you can take to reduce the risk of a DWI charge or an accident.
  • Consult your healthcare provider: Always speak to your doctor or pharmacist before taking any new medications, especially if you plan to drive. Ask about the potential side effects of the medication and whether it is safe for you to operate a vehicle.
  • Read the label: Most prescription and over-the-counter medications have clear warnings about drowsiness, dizziness, or other side effects. If the label advises against operating heavy machinery or driving, take that warning seriously.
  • Use public transportation or ride-sharing services: If you are feeling the effects of the medication, it’s a good idea to avoid driving altogether. Use public transportation or a ride-sharing service like Uber or Lyft to get to your destination safely.
  • Plan ahead: If you know that you will be taking medication that may impair your driving, plan ahead by arranging for a designated driver or a ride-sharing service before you take the medicine.

Case Results

Not Guilty

.17 Alcohol Level Was Reported

Case Dismissed

Arrested for DWI

Thrown Breath Score Out

.17 Breath Test

Case Dismissed

Assault Causing Bodily Injury of a Family Member

Case Dismissed

Possession of a Controlled Substance, Penalty Group 3, under 28 grams

Trial – Not Guilty

Continuous Sexual Abuse of A Child

Case Dismissed

Driving While Intoxicated With a Blood Alcohol =0.15

Trial – Not Guilty

Violation of Civil Commitment

Dismissed-Motion to Suppress Evidence Granted

Driving While Intoxicated

Dismissed-No Billed by Grand Jury

Assault Causing Bodily Injury of a Family Member with Prior

Case Results

Not Guilty

.17 Alcohol Level Was Reported

Case Dismissed

Arrested for DWI

Thrown Breath Score Out

.17 Breath Test

Case Dismissed

Assault Causing Bodily Injury of a Family Member

Case Dismissed

Possession of a Controlled Substance, Penalty Group 3, under 28 grams

Trial – Not Guilty

Continuous Sexual Abuse of A Child

Case Dismissed

Driving While Intoxicated With a Blood Alcohol =0.15

Trial – Not Guilty

Violation of Civil Commitment

Dismissed-Motion to Suppress Evidence Granted

Driving While Intoxicated

Dismissed-No Billed by Grand Jury

Assault Causing Bodily Injury of a Family Member with Prior

What to Do If You Are Arrested for a DWI in Texas

If you find yourself arrested for a DWI after taking prescription cold and flu medicine, it’s important to seek legal representation immediately. While a prescription medication may not be an excuse for impaired driving, an experienced DWI attorney can help protect your rights and challenge the charges if necessary. Your attorney will be able to investigate the circumstances surrounding your arrest, potentially examining whether the officer had reasonable cause to pull you over, whether the field sobriety tests were conducted correctly, and whether the chemical tests used to assess your impairment were accurate. Deandra Grant Law is committed to helping individuals in Texas navigate DWI charges and related legal issues. Whether you were arrested for alcohol, drugs, or prescription medication impairment, we can provide the expertise and support you need. Contact our office today to schedule a consultation and discuss your case. Contact Information Deandra Grant Law Website: https://www.texasdwisite.com

To learn more about this subject click here: DWI Vs DUI: What’s the Difference?