Medically reviewed by Kevin Wandler, MD, Chief Medical Advisor
If you think someone is overdosing, call 911 right away. Nothing in this article should delay that call.
Many people hesitate to call for help during an overdose because they’re afraid of legal trouble for themselves or the person who overdosed. Good Samaritan overdose laws were created to reduce that fear. Texas offers limited legal protections for some people who call 911 for an overdose, but conditions apply. This article explains the general idea, its limits and what to do in an emergency. This is general information, not legal advice.
What Good Samaritan Overdose Laws Are
Most states have some form of law meant to encourage people to seek emergency help during an overdose. These laws generally offer some protection from certain drug-related charges for people who call for help, and sometimes for the person experiencing the overdose. The details, including who is covered and which charges are included, vary widely from state to state.
What Texas Law Generally Offers
In general terms, Texas law provides limited protection from prosecution for possessing small amounts of controlled substances for some people who seek emergency medical help for someone they believe is overdosing. In some circumstances, the protection may also extend to the person who experienced the overdose.
It’s important to understand the limits:
- The protection is conditional and doesn’t apply in every situation.
- It generally relates to certain possession offenses, not every possible charge.
- A person’s circumstances and history can affect whether it applies.
- It isn’t blanket immunity, and it may not prevent every legal consequence.
Because the details matter, anyone with specific legal concerns should speak with an attorney. But the bottom line doesn’t change: saving a life comes first. Call 911.
Why You Should Always Call 911
An overdose is a medical emergency. Opioid overdoses can slow or stop breathing within minutes, and other types of overdoses can cause seizures, heart problems or dangerously high body temperature. Emergency responders can provide oxygen, medications and hospital care that bystanders can’t. Even if naloxone has been given and the person seems better, they still need emergency medical care.
Signs of an Overdose
Signs depend on the substance, but can include:
- Unresponsiveness or being unable to wake up
- Slow, shallow or stopped breathing
- Choking, gurgling or snoring sounds
- Blue or gray lips or fingertips
- Very small, pinpoint pupils, often seen with opioids
- Chest pain, seizures, extreme agitation or overheating, which can occur with stimulants
- Confusion, vomiting, seizures or very slow breathing, which can occur with alcohol poisoning
Learn more in our article on drug overdose symptoms.
What to Do While Waiting for Help
- Call 911. Give your location and describe what you see. Follow the dispatcher’s instructions.
- Give naloxone if opioids may be involved. Naloxone can reverse an opioid overdose and won’t harm someone who isn’t overdosing on opioids.
- Support breathing. If you’re trained, provide rescue breaths or CPR as directed.
- Use the recovery position. If the person is breathing, turn them on their side to help prevent choking.
- Stay with them. Stay until help arrives if it’s safe to do so. Naloxone can wear off, and symptoms can return.
- Share information. Tell responders what the person may have taken and when.
Myths That Can Delay Help
In a frightening moment, people sometimes rely on ideas that can make things worse. A few to set aside:
- “They just need to sleep it off.” Someone who can’t be woken, or whose breathing is slow or noisy, may be overdosing. Call 911.
- “A cold shower or ice will wake them up.” These don’t reverse an overdose and can cause harm, such as drowning or dangerous chilling.
- “Make them throw up.” Trying to force vomiting can lead to choking.
- “Naloxone worked, so the hospital isn’t needed.” Naloxone can wear off before the drugs do, so medical care is still needed.
The safest steps are simple: call 911, give naloxone if opioids may be involved, keep the person breathing and on their side, and stay with them.
Protection for Giving Naloxone
Texas law also generally protects people who give naloxone in good faith to someone they believe is experiencing an opioid overdose. Naloxone nasal spray is available without a prescription at many pharmacies and stores, and keeping it on hand is one of the simplest ways to be ready to help.
After an Overdose: A Chance for Change
Surviving an overdose can be a frightening wake-up call, and it can also be a turning point. Treatment can lower the risk of future overdoses and support lasting recovery. Options include opioid detox, medication-assisted treatment and comprehensive opioid addiction treatment.
Tolerance can drop quickly after a period without use, including after detox, a hospital stay or time in jail. Using the same amount as before can then be especially dangerous. If someone you care about has recently stopped using, make sure naloxone is nearby and that they know help is available.
Frequently Asked Questions
Will I be arrested if I call 911 for an overdose in Texas?
Texas law offers limited protection in some situations, but no one can promise how a specific case will be handled. What’s certain is that calling 911 can save a life.
Does the law protect the person who overdosed?
In some circumstances, the protection may extend to that person, but conditions and exceptions apply.
What if I’m not sure it’s an overdose?
Call 911 anyway. Dispatchers can guide you, and it’s far safer to call and not need help than to wait.
Get Help for Substance Use
If you or someone you love has survived an overdose or is struggling with substance use, treatment can help. Explore our insurance options, reach out to our team, or call (469) 546-9303 at any hour. In an emergency, always call 911.