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:
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alcohol
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illegal drugs
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prescription medications
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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:
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motor skills
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balance
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judgment
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reaction time
Common prescription-related DWI cases involve:
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Xanax
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Adderall
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Oxycodone
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Hydrocodone
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Gabapentin
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Muscle relaxers
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Sleep medications (Ambien, Lunesta)
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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:
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weak field sobriety evidence
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no chemical test results
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no clear impairment indicators
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inconsistent officer observations
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complicated medical issues
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legal use of medication
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innocent explanations for symptoms (fatigue, pain, disability, anxiety)
A skilled attorney can expose weaknesses in:
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SFSTs
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officer testimony
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timing of medication
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blood or urine testing
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assumptions about impairment
4. Officers Often Misinterpret Symptoms
Prescription meds can cause:
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dry mouth
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pupil dilation
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slurred speech
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drowsiness
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restlessness
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confusion
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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:
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therapeutic levels
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trace amounts
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inactive metabolites
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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.
