If there is a prescription form for the drugs found in a car, can both DWI and possession charges be beaten?
Gary Churak's Answer
You could probably beat the possession case. However, it does not matter whether you were driving under the influence of illegal narcotics or prescription narcotics. In fact, you will note that often prescription bottles contain the warning “can cause drowsiness. Do not drive, do not operate machinery”. So, and it is conceivable that even though you have a prescription for the drug, you could be charged with DWI. And in fact, I’ve had numerous cases where my clients have been charged with DWI because they’ve taken a Zoloft or Xanax and were determined to be under the influence of that narcotic drug while driving.