Can driving under the influence of Zanax with prescription be just as serious as alcohol dui?

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I had no alcohol in my system only one prescription zanax

Attorney Answers

5
Roy Lee WarrenWorkers' Compensation LawyerSan Marcos, TX ·
Yes because driving under the influence occurs when a person drives on public highway without their normal mental or physical faculties. I am sure you have heard ignorance of the law is not an that is what excuse. And while that is true you can offer the prescription as mitigating evidence. Good luck yo you.
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Bart Craytor ·
Under Texas law, it matters not whether it was alcohol, a prescription, or even an over the counter substance. I have seen arrests over folks taking their blood pressure medication simply because the officer saw the prescription bottle and it said "May cause dizziness" on it. (Yes, it was successfully defended, but it still cost the client attorney fees and anxiety of having a DWI, You do not have to answer the officers questions, nor do you have to participate in the field sobriety tests. You can simply state that you will not perform or answer without being able to consult with your attorney. A DUI will show on a criminal history check as a DUI regardless of the alleged intoxicant. So yes, it is just as serious. Good Luck
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Sadat Montgomery ·
Yes it can be just as serious. Under influence can mean various things, alcohol, medicines, etc. That's why many medicine bottles say don't drive while taking medicine. Tiger Wood just got in trouble for this exact reason
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James Babkes ·
"Prescription" Xanax is the same as legal alcohol. DUI means under the influence. It does not have to be only alcohol,
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James Porter ·
Yes, it absolutely can be. However, it is often more difficult for the State to prove you were intoxicated at the time of driving due to Xanax. In all DWI cases, the State must prove beyond a reasonable doubt that you had lost control or your mental and or physical faculties due to intoxication. The problem with medication vs alcohol is that a breath test or blood test for alcohol can give a result of what your Blood Alcohol Concentration was at the time the sample is given. Because is is typically relatively close to the time you were driving, it is easier for the State to make the connection between you being intoxicated while driving. It is more difficult to pinpoint with prescription medication. To make up for this, law enforcement will sometimes conduct field tests (conducted by someone trained to look for intoxication based on drugs rather than alcohol). So, while your chances of getting out of this may be better than if you drank a 12 pack, the State can still absolutely get a conviction if they can prove their case. The max penalty for DWI in Texas is 6 months and up to a 2k fine. Best advice is to get an attorney who knows the lay of the land here in San Antonio, and get them working for you ASAP. Best of luck!
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