Prescription DWIs, Really?
In Texas, there are many drivers who are falsely arrested for DWI who have valid medical issues. Nevertheless it is illegal to operate a motor vehicle while intoxicated even if you have a valid medical prescription. These cases are called DRE cases or drug recognition cases. They require the examination of a specialized officer trained to test for drug recognition. These officers look for specific vital signs. Even these officers misdiagnose intoxication for valid medical issues. Recently, I received a dismissal on a prescription medication case (the defendant had 2 pending DRE DWIs). The client was mistaken for intoxication on her medication. After having her examined by our experts, we were able to prove that she had early onset of Alzheimer’s disease. It is important to have an attorney who has a great deal of experience with this type of DWI. I deal with these cases all time and I have only had to plea one, in the last 4 years. The remaining I either had dismissed or received acquittals from juries.