You may face criminal charges for driving while intoxicated (DWI) in the state of Texas whether your intoxication is due to alcohol or drug usage. DWI cases involving drug intoxication, however, can be far more complicated, as the law does not define a set amount of any drug that renders drivers legally intoxicated.
As a result, seeking advice from a Dallas DWI drug lawyer can be highly beneficial. The assistance of an experienced criminal defense attorney may be useful in fighting back against DWI charges that involve allegations of impairment by drugs.
Dallas Drugged Driving Cases
Texas Penal Code § 49.04 makes it a crime to operate a motor vehicle in a public place while intoxicated. Under Tex. Pen. Code § 49.01(2), the term “intoxicated” includes not only impairment by alcohol, but also impairment by drugs. The drugs that cause intoxication may be illegal, prescription, or over-the-counter medicines.
The standard is whether usage of the drug caused impairment to the physical or mental capabilities of individuals. For instance, individuals may be impaired if they exhibit signs of drowsiness, dizziness, confusion, or disorientation.
As a DWI drug lawyer in Dallas may advise, the fact that individuals have a prescription for a drug or took an over-the-counter medication is not a defense. To avoid this type of criminal charge, individuals should be sure to discuss any potential side effects of new medications with their doctors, as well as read the inserts provided with non-prescription drugs. Individuals may even wish to refrain from driving until they can determine if taking a particular medication causes impairment.
DWI Penalties in Dallas
Whether individuals face DWI charges in Dallas due to intoxication by alcohol or drugs, the penalties are equally severe. A first-offense DWI is a Class B misdemeanor punishable by a minimum term of incarceration of 72 hours and a maximum of 180 days. Individuals can also face a fine of up to $2,000 and a license suspension. Given the severity of these potential penalties, consulting a Dallas DWI drug attorney may be wise.
Additionally, certain situations can enhance the penalties for even a first-time DWI. For example, if the DWI occurred with a child under the age of 15 in the vehicle, then the charge increases to a state jail felony. If the DWI results in serious bodily injuries to others, the offense becomes intoxication assault and may result in third-degree felony charges.
Consult a Dallas DWI Drug Attorney for Advice
If you were arrested on charges of drugged driving, you may need assistance from a Dallas DWI drug lawyer. A conviction will create a permanent criminal record that could prevent you from pursuing specific careers and make it more difficult for you to provide for your family. Additionally, a DWI could jeopardize your ability to drive, your freedom, and your future.
For sound legal advice and aggressive representation, you should reach out to a seasoned defense attorney. Call today to schedule a consultation and begin working toward a positive resolution of your charges.