eric g johnson law
Experienced Criminal Defense
318-377-1555
  • Home
  • About Us
    • Attorneys
      • Eric G. Johnson
      • Rachel W. Bays
      • Staff
    • Client Testimonials
  • Cases We Handle
    • Criminal Defense
    • Drug Offenses
      • Drug Possession
      • Drug Trafficking & Distribution
      • Prescription Drug Crimes
      • Drug Court Representation
    • DUI/DWI
      • DUI Defense Strategies
      • Commercial Driver License (CDL) DUI
      • Refusing DUI Tests
      • Underage DWI
      • Vehicular Homicide
    • Property & Theft Crimes
      • Theft
      • Robbery
      • Burglary
      • Trespassing
      • Shoplifting
      • Credit Card Fraud
      • Identity Theft
      • Welfare Fraud
    • Sex Offenses
      • Sexual Battery
      • Carnal Knowledge of a Juvenile
      • Child Pornography
      • Online Solicitation of a Minor
      • Prostitution
      • Video Voyeurism
    • Federal Crimes
      • Federal Criminal Defense
      • Federal Computer Crimes
    • Traffic & Driving Offenses
      • Driving Without a License
      • Vehicular Manslaughter
      • Hit and Run
    • Violent Crimes
      • Murder
      • Manslaughter
      • Assault and Battery
      • Protective Orders
      • Domestic Violence
      • Weapon Offenses
      • Stalking
    • White Collar Crimes
      • Embezzlement
      • Money Laundering
      • Tax Fraud and Evasion
      • Counterfeiting
      • Money and Asset Forfeiture
    • Other Criminal Matters
      • Appeals & Post-Conviction Relief
      • Arson and Criminal Mischief
      • False Imprisonment
      • Resisting an Officer
      • Violation of Probation
      • Juvenile Offenses
      • Criminal Appeals
      • Post-Conviction Relief
      • Criminal Expungement
        • Louisiana Expungement Laws
  • Areas We Serve
    • Shreveport, LA
      • Drug Defense Attorney
      • Domestic Violence
      • DWI Lawyer
      • BUI Lawyer
      • Traffic Offenses Lawyer
      • Theft Lawyer
      • Marijuana Possession Lawyer
    • Monroe, LA
      • Drug Defense Lawyer
      • DWI Lawyer
      • Sex Offense Attorney
      • DUI Lawyer
    • Ruston, LA
      • Drug Defense Attorney
    • Tallulah, LA
    • Louisiana Parishes
      • Bossier Parish
      • Caddo Parish
      • Claiborne Parish
      • Bienville Parish
      • De Soto Parish
      • Lincoln Parish
      • Natchitoches Parish
      • Sabine Parish
      • Webster Parish
      • Ouachita Parish
  • Recent Cases
  • Blog
    • FAQ
  • Contact Us
RX prescription

DWI Charges Involving Prescription Drugs

May 27, 2025Eric G. Johnson

The devastating reality of prescription drug DWI charges often blindsides drivers who never anticipated that their lawfully prescribed medication could lead to criminal allegations. Unlike alcohol-related DWIs with clear numerical thresholds, prescription drug impairment cases exist in a legal gray area where having a valid prescription provides no automatic defense. Many Louisiana drivers find themselves facing serious criminal charges despite following their doctor’s instructions and feeling subjectively capable of driving safely.

We at the John D. & Eric G. Johnson Law Firm have defended numerous clients throughout North Louisiana against prescription drug DWI charges. Attorney Eric Johnson brings decades of criminal defense experience to these complex cases, understanding both the scientific and legal challenges they present. With prosecutors aggressively pursuing impaired driving cases regardless of prescription status, having knowledgeable defense counsel becomes essential to protecting your rights and future.

Table of Contents

Toggle
  • Understanding Prescription Drug DWI in Louisiana
    • Louisiana’s Legal Framework
  • How Prescription Drug DWI Cases Differ from Alcohol Cases
    • Detection and Testing Challenges
    • Officer Assessment Issues
  • Potential Defenses in Prescription Drug DWI Cases
    • Challenging Impairment Evidence
    • Medical and Prescription Evidence
  • Contact Our Experienced DWI Defense Team

Understanding Prescription Drug DWI in Louisiana

Louisiana law prohibits operating a vehicle while under the influence of any substance that impairs your ability to drive safely – regardless of whether that substance is legally prescribed. This creates a complex legal situation for many drivers.

Louisiana’s Legal Framework

Under Louisiana’s DWI laws (RS 14:98), driving under the influence of “any drug” constitutes a criminal offense when that substance “materially affects” your ability to operate a vehicle safely. Importantly, this statute makes no distinction between:

  • Illegal narcotics
  • Over-the-counter medications
  • Lawfully prescribed pharmaceuticals
  • Any combination of substances that causes impairment

This means having a valid prescription provides no immunity from DWI charges. The focus remains on whether the medication impaired your driving ability, not whether you were legally entitled to take it.

Prescription medications commonly involved in DWI cases include pain medications (opioids), anti-anxiety medications (benzodiazepines), sleep aids, muscle relaxants, and certain antihistamines with sedating effects. Many of these medications carry explicit warnings against driving, which prosecutors often highlight during cases. However, impairment effects vary significantly between individuals based on factors including metabolism, tolerance, dosage, and potential interaction with other substances.

How Prescription Drug DWI Cases Differ from Alcohol Cases

Prescription drug impairment cases present unique challenges compared to alcohol-related DWIs, making them particularly difficult to prosecute and defend effectively.

Detection and Testing Challenges

Unlike alcohol, which can be measured through standardized breath testing, prescription drug impairment typically requires:

  • Blood or urine testing that may occur hours after driving
  • Laboratory analysis that often takes weeks to complete
  • Interpretation of drug concentration levels that don’t necessarily correlate with impairment
  • Assessment of potential cross-reactions between multiple medications

These technical complexities create opportunities for challenging the prosecution’s evidence, as the presence of a medication in your system doesn’t automatically prove impairment while driving.

Officer Assessment Issues

Law enforcement officers generally receive extensive training in detecting alcohol impairment, but often have limited training in identifying prescription drug effects. This leads to reliance on standardized field sobriety tests designed primarily for alcohol detection, which may not accurately assess prescription drug impairment.

The subjective nature of these assessments creates significant questions about their reliability in court. Officers may misinterpret medical conditions, side effects, or normal nervousness as drug impairment, leading to incorrect conclusions about your condition.

Potential Defenses in Prescription Drug DWI Cases

Several effective defense strategies can be employed in prescription drug DWI cases, focusing on both scientific and procedural challenges to the prosecution’s evidence.

Challenging Impairment Evidence

The prosecution must prove actual impairment, not just the presence of medication in your system. Effective defenses often include:

  • Questioning the reliability of field sobriety tests for detecting prescription drug effects
  • Challenging officer qualifications for making impairment determinations
  • Presenting evidence of normal driving patterns before being stopped
  • Demonstrating alternative explanations for physical symptoms identified by officers
  • Introducing expert testimony regarding medication levels and likely effects

Even when testing confirms the presence of medication, the correlation between detected levels and actual impairment remains scientifically disputed for many prescriptions.

Medical and Prescription Evidence

Your medical history and prescription details often provide crucial context in these cases. Defenses may include documentation showing consistent use of prescribed dosages and evidence of your normal functioning while on the medication.

Contact Our Experienced DWI Defense Team

If you’re facing prescription drug DWI charges in North Louisiana, the John D. & Eric G. Johnson Law Firm offers the knowledgeable defense representation these complex cases demand. With decades of experience handling impaired driving cases, attorney Eric Johnson understands how to effectively challenge the scientific and legal aspects of prescription drug impairment allegations.

As a respected criminal defense attorney throughout North Louisiana courts, Eric Johnson has successfully defended numerous clients against complex DWI charges, including those involving prescription medications. His thorough approach includes examining every detail of your case, from the initial stop through testing procedures and evidence handling. For immediate assistance with your case, call us at (318) 377-1555 or reach us through our contact form.

Recent Posts

  • How an Attorney Can Encourage the Dismissal of Felony Charges
  • Police Cracking Down on Fentanyl Transport in LA
  • LA First to Ban the Box on College Applications
  • Holiday DUIs: Dealing With Arrests and Legal Consequences
  • Understanding Bond Revocation: What Actions Could Cost Your Freedom Before Trial?

Practice Areas

  • Appeals And Post Conviction Relief
  • Louisiana Murder Defense Attorney
  • Criminal Defense
  • Criminal Expungement
  • Domestic Violence And Protective Orders
  • DUI And Vehicular Homicide
  • Louisiana Sex Offenses Attorney
  • Traffic Violations And CDL Licenses
  • White Collar Crimes

Contact Us

Attention: While this website provides general information, it does not constitute legal advice
John D. & Eric G. Johnson Law Firm, LLC
Facebook
LinkedIn
Yelp

John D. & Eric G. Johnson Law Firm, LLC
Office: 318-377-1555 | Fax: 318-377-1559
national association of criminal defense lawyers
lsba
criminal defense attorney louisiana
2018 top rated lawyer

John D. & Eric G. Johnson Law Firm, LLC
415 Main Street,
Minden, LA 71055

Areas Served: 
 Serving the entire State of Louisiana including Minden, Ruston, Monroe, Shreveport, Bossier City, as well as Caddo, Webster, and Ouachita parishes.
Ⓒ 2025 John D. & Eric G. Johnson Law Firm, LLC. Disclaimer Privacy Policy. Legal Website Powered by Market My Market