Can Prescription Medication Lead to a DWI
There are many misconceptions surrounding a charge of driving while intoxicated.
One of the common mistakes many people make when thinking about DWI is
that only someone under the influence of alcohol can be arrested.
Any driver that is under the influence of
any substance that impairs their ability to drive a car may be arrested for DWI, even if that substance is prescription medication.
While prescription medication is prescribed by a doctor to help you treat
a symptom, these drugs are still considered controlled substances, meaning
that they have a limited scope of use. They are listed as controlled substances
usually because they affect the normal function of your body in some way.
If you are taking prescription drugs and driving a vehicle, you may be
charged with DWI.
For an alcohol-related DWI, law enforcement can use your blood alcohol
content (BAC) to prove that you were intoxicated. Unfortunately, there
is no way to measure the amount of drugs that must be in a driver’s
bloodstream before they are considered to be too impaired to drive. Therefore,
police must prove that your mental or physical abilities were impaired
by taking the prescription medication.
If you have been lawfully arrested and are under the influence of medication,
you may be facing:
First DWI
- 180 days in jail
- $2,000 fine
Second DWI
- One year in jail
- $4,000 fine
Third DWI
- 10 years in prison
- $10,000 fine
In addition, a judge may decide to order you to:
- Install an ignition interlock device on your vehicle
- Serve community service
- Attend DWI school
- Suspend your license
- Ensure you have a criminal record
If you have been arrested after driving under the influence of prescription
medication in San Antonio, you need the help of a reliable DWI defense
attorney that can help you. Attorney Guillermo Lara is here to fight on
your behalf. With a scientific and data-driven background, our lawyer
examines all of the possible evidence that law enforcement may have against
you and aggressively fights to diminish or eliminate the charges against you.
Arrested for DUI with Drugs?
When many people think of what it makes to get a DWI, they think of someone
that has gone to the bar, consumed a lot of alcohol, and then got behind
the wheel of their vehicle extremely intoxicated. This is definitely one
component of driving while intoxicated, but under Texas law, it is illegal
for anyone to be under the influence of any substance when driving. Not
only does this include alcohol, but also legal and
illegal controlled substances. Therefore, someone driving after taking any substance can find themselves
facing a criminal charge for DWI.
There are some crucial elements that must be present in order to make a
DWI arrest. First, the person that has been accused of driving intoxicated
must have been in physical control of the car and while they were under
control on the car, were also impaired by some substance in order to be
unable to drive similarly to someone that is sober. These substances include
illegal controlled substances and legal prescription medications.
DEFENSES FOR DWI WITH DRUG CHARGES
Proving that someone has been impaired by drugs can be difficult. For one,
unlike alcohol, there is no solid bottom line that needs to be surpassed
to be considered impaired. Drugs can have a significantly different impact
on each person that consumes them, meaning that someone may not be impaired
on these substances.
Additional defenses include:
- Officer lacked a valid reason to make a traffic stop to begin with
- Chemical tests used to test for drugs were not properly administered
- A controlled substance was consumed without the driver’s consent
- Officer did not follow the proper procedure when making the stop
Depending on the details of your case, any number of additional defenses
may apply, which will be important based on the penalties you may be facing
as a result. For a first DWI with drug offense in Texas, the sentencing
you may be facing includes between 72 hours and 180 days in jail, a $2,000
fine, installation of an ignition interlock device, community service,
drug treatment programs,
license suspension, and more. If more than one DWI arrest exists on your record, you may
be facing additional penalties.
For a free consultation about your drugged driving case or DWI arrests
in general, contact the San Antonio lawyer at The Law Office of Guillermo
Lara Jr. With a scientific and technical background combined with years
of experience defending clients from these allegations, our firm is trusted
for those in need of legal defense.
Can You Get a DWI Dismissed in Texas?
Yes, you can dismiss DWI charges in Texas, especially if it's a first-time offense. Hiring an experienced defense
attorney for a first-time DWI crime can be removed entirely or lowered
to a less severe reckless driving charge.
How Long Is Probation for First Time DWI in Texas?
The length of probation for a first-time DWI offense
can go a little as six months to as long as two years in Texas. According to state law, probation is defined as community supervision,
meaning the defendant remains in the community and the probation officer
supervises the probationer.
DWI Defenses in Texas
Attorney Lara can help you with all types of DWI cases in Texas, including
if you need representation during an
ALR hearing or if you have been charged with
intoxication manslaughter or other serious felony DWIs. By conducting thorough investigations, and utilizing advanced forensic
technology, Attorney Lara is capable of finding the defense necessary
to help you overcome your DWI charge.
- These defenses could include:
- Officer lacked probable cause to pull you over
- Your rights were violated during the arrest
-
Field sobriety tests were inaccurate
-
Breath test was incorrectly administered
-
Blood test analysis was faulty
Is It Worth Getting a Lawyer for a DWI?
Even for a first DWI charge, it is imperative that you work with a skilled
San Antonio DWI attorney. When you have been accused of driving while
intoxicated, you have a lot to lose and in some cases, you could only
have 15 days to take action. Not only is your license threatened, but
you may find yourself facing:
- Jail time
- Extensive fines
- Community service
- Increased insurance premiums
- Loss of your professional license
Why Attorney Guillermo Lara Jr.?
Not only has Attorney Lara built up a proven record of success, but he
possesses the additional training and technology needed to aggressively
fight his clients' DWI charges and build powerful defenses. Attorney Lara
is trained in the operation of the Intoxilyzer 5000, and his scientific
background includes research at the University of Texas Health Science
Center, where he worked with DNA analysis and genotyping.
This provides him with keen insights on the forensic process, enabling
him to successfully battle one of the trickiest issues in a DWI case: a failed
breath or blood test.
Call Guillermo Lara at (210) 787-2842 today. Retain the proven defense needed to fight your DWI charges!
