Can You Get a DWI in Arkansas for Prescription Medication?

by | Nov 22, 2025 | Criminal Law

Most people think DWI charges only apply to alcohol.
Not true.

In Arkansas, you can be charged with DWI for lawfully prescribed medications, even when you take them as instructed.

Here’s what drivers need to know.

1. Arkansas Law Allows DWI Charges for Any Substance That Impairs Driving

Under Arkansas law, you can be charged with DWI if you are intoxicated by:

  • alcohol

  • illegal drugs

  • prescription medications

  • over-the-counter medications

If the State claims your ability to operate the vehicle was impaired, you can face DWI charges.

2. Common Prescription Medications That Lead to DWI Arrests

Some lawful medications may impair:

  • motor skills

  • balance

  • judgment

  • reaction time

Common prescription-related DWI cases involve:

  • Xanax

  • Adderall

  • Oxycodone

  • Hydrocodone

  • Gabapentin

  • Muscle relaxers

  • Sleep medications (Ambien, Lunesta)

  • Certain anxiety/depression meds

Even drug interactions (e.g., mixing medication + even one drink) can cause visible signs officers rely on.

3. These Cases Are VERY Defensible

Prescription-related DWIs often suffer from:

  • weak field sobriety evidence

  • no chemical test results

  • no clear impairment indicators

  • inconsistent officer observations

  • complicated medical issues

  • legal use of medication

  • innocent explanations for symptoms (fatigue, pain, disability, anxiety)

A skilled attorney can expose weaknesses in:

  • SFSTs

  • officer testimony

  • timing of medication

  • blood or urine testing

  • assumptions about impairment

4. Officers Often Misinterpret Symptoms

Prescription meds can cause:

  • dry mouth

  • pupil dilation

  • slurred speech

  • drowsiness

  • restlessness

  • confusion

  • bloodshot eyes

These are not proof of impairment.
Many medical conditions cause the same symptoms.

5. How Chemical Testing Works

Unlike alcohol, there is no clear legal limit for most prescription medications.

Blood and urine tests may show:

  • therapeutic levels

  • trace amounts

  • inactive metabolites

  • unrelated substances

The State still must prove actual impairment, not just presence of a substance.

This is extremely difficult in many cases.

Bottom Line

Yes — you can be charged with DWI for prescription medication in Arkansas.
But these cases are often highly defensible, because the State must prove actual impairment, not just medication use.

If you were charged with prescription-related DWI, get legal help immediately.

This blog post is provided for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Wesley Rhodes, Attorney at Law. If you need legal advice about your specific situation, you should consult with a qualified criminal defense attorney.