Asked 3/17/2016 – Quinlan, TX

I went to hospital for eatingshrimp before i left they gave me a shot of morophine i had to have someone d 0rive me home told them i could walk jokingly well she said inhad to have someone come get me or theynwere calling police i said ok im not leavimg but can i go to my car amd smoke a cig and get warm the nurse said ok. Next tjing i know here come police made me do a drunk test and even thou i wasnt released from hospital took me back in hospital for a alcohol blood test which will b 0 and then took me to jail for dwi

Answer

You can be charged with DWI, even though you do not have any alcohol in your system and even though you have a prescription for the intoxicant (in your case, morphine). The legal question is whether you operated a motor vehicle after you lost the normal use of your mental or physical faculties due to an intoxicant in your system. Once the blood test results are returned, the State will decide on what criminal charges will be filed. Contact a local attorney soon.