Asked 6/21/2016 – Odessa, TX

This is what happened. I currently take 4 medications, Celexa, Geodon, Klonopin , and Hydroxizine . As well as over the counter Melatonin and Sleep aid. Wednesday night I had panic attack took a few klonopin then couldn’t sleep so I took sleep aids. The next morning I had a bad reaction to the combination and failed to stay in single lane, rear ended a car. The disorientation hit me all of a sudden after lunch. I had my son with me. (Under 15). The officer thought I was drunk and did FST which I failed, I demanded a breathalyzer test he denied it and arrested me. Took me to hospital for Blood Alcohol Test. I have not taken any alcohol I don’t even drink I just had a bad mixture of the meds I was taking. I was charged with DWI with a child under 15 and CPS came and made my wife and son leave to her gmas while they investigate. Can I beat this case? I am already on probation (deferred) and she has been notified of this. She thinks I should fight it as well. I need my son back and I also went to my psych and got off the klonopin . Just to be safe. Please help. This is in TEXAS

Answer

With respect to Driving While Intoxicated, the State does NOT have to prove intoxication by alcohol. The question is whether you had the normal use of your mental and/or physical faculties. The State has the right to allege you were intoxicated, i.e. did not have the normal use of your mental and/or physical faculties, due to the introduction of the prescription medication in your system. The fact that the medicine was prescribed by a doctor is not as defense either. You will have to retain an attorney, and will probably have to have your doctor provide testimony as well regarding the effects of the medications you were on. Good luck.