Drug/Prescription Drug DWI
Drug & Prescription Drug DWI
DWIs aren’t always from alcohol
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When most people think of DWI or driving while intoxicated charges, they think of driving while under the influence of alcohol. However, an individual who operates a motor vehicle while under the influence of drugs or controlled substances can also be charged with DWI in Texas. Some of the most common drug related DWI offenses include, but are not limited to:
Prescription Drugs
Marijuana
Controlled Substances
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It is important to remember that even driving while under the influence of prescription medication can lead to a DWI arrest. Further, if an individual drives their car after taking prescription pills and consuming even a glass of wine, liquor or beer they can be charged with DWI, even if their blood alcohol concentration (BAC) level is below the legal limit. What the DA or prosecutor will try to do is claim that a combination of drugs/prescription medication and alcohol (no matter what the amount of drugs or alcohol you have consumed – even a little sip of alcohol) will cause a synergistic effect and cause the loss of your normal use of your mental and physical faculties to heighten, aka make you look or feel more intoxicated). THIS MEANS THAT YOU CAN BE ARRESTED FOR DWI WITH ZERO ALCOHOL IN YOUR SYSTEM!
This is why It is crucial to consult with a lawyer-scientist defense attorney that really understands both the science of how prescription medication and controlled substances may affect your body, how it’s eliminated from the human body as well as the trial experience of defending Drug DWI cases to help point out the insufficiencies and flaws of Drug DWI blood testing and the prosecution’s case against you.
How am I charged for DWI if my alcohol content is below 0.08?
Under Tex. Pen. Code Ann. § 49.04, an individual can be charged with driving while intoxicated (DWI), drugs or controlled substances if they operate a motor vehicle while intoxicated in a public place. This offense is typically a Class B misdemeanor for first-time offenders.
Texas law defines intoxicated as not being able to use normal mental or physical faculties due to the consumption of alcohol, drugs, dangerous drugs, controlled substances or any combination. Normal faculties are typically walking, talking, driving, balancing and any motor skills.
Contact Denuna Law Firm Today
If you have been charged with DWI because of ingesting prescription medications, controlled substances, or other drugs, contact an experienced and trial-proven DWI attorney. Chris may be able to identify mitigating factors or defenses that can result in a reduction of your charges or even a dismissal. Click the button below to call Chris or request a free case evaluation today. We are available 24 hours a day, 7 days a week.