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Secrets of the Texas Criminal Justice System and Your Rights
A conviction for driving under the influence of drugs, or DUID, can bring about serious penalties. This goes for driving under the influence of certain prescription drugs as well as for prohibited substances. These penalties include not only fines and license suspension, but also mandatory jail time.
A DUID conviction may affect your future ability to find employment, attend school or qualify for loans. If you have been charged with DUID, call a Lubbock DUI drug lawyer as soon as possible. An experienced DUI lawyer can assist you in building a strong defense and ensuring your rights are protected throughout the legal process.
Under Texas Penal Code Chapter 49, intoxication is defined as “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.”
Even if the driver has a legal prescription for certain medications, that is not a defense for DUID.
Under Texas law, drivers must take a blood, urine or saliva test when they are suspected of DUID. It is at the police officer’s discretion as to which test to use.
If the driver refuses to take one of these tests, this cannot only be used against him or her in court, but also results in an automatic six-month license suspension. Something that drivers should have in mind, is that they are not entitled to contact an attorney before taking the test.
If convicted of DUID, the driver is subject to the same penalties as a DWI conviction. For a first offense, this includes:
- License suspension from 90 to 365 days
- Incarceration from a minimum of three and up to 180 days
- Fines of up to $2,000
- 24 to 100 hours of community service
- Three-year surcharge of $1,000 annually for a license.
Subsequent offenses have stronger penalties. Furthermore, if a minor is in the vehicle during a first offense, the driver is subject to a fine of up to $10,000 and should therefore, consult with a Drug DWI lawyer in Lubbock immediately.
Benefit of Legal Representation
Unlike DUI cases, DUIDs are treated on a case-by-case basis in Texas. The penal code definition for intoxication regarding drugs is vague. Unlike alcohol, there are not quantifiable measures for the level of a drug that may cause impairment. Marijuana is a prime example.
A blood test may reveal marijuana in the system, but cannabis stays in the bloodstream for weeks after smoking or consumption. That makes it difficult to prove a driver was under the influence of marijuana at the time of arrest.
A knowledgeable DUID attorney in Lubbock can aggressively investigates the circumstances of the motor vehicle stop to see if correct procedures were followed and if there are issues with the prosecution’s case.
For drivers charged with a DUID for a prescribed medication, our attorneys will delve into medical records and consult medical professionals.
Contacting An Attorney
If you or a loved one has been charged with a DUID, you need the services of a Lubbock DUI drug lawyer. For a DUID case, time is of the essence, and it is crucial that you contact a DUID lawyer immediately.
Call our firm for a free consultation. We will review your case and advise you of your options going forward.