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Secrets of the Texas Criminal Justice System and Your Rights
In Lubbock, Texas, there are several ways that a person can be intoxicated and charged with a DUI or DWI drug related impairment.
People can often forget that the statute involves driving while intoxicated. A person might think of intoxication as alcohol, but it also includes drug intoxication. Section 4904 of the Texas Penal Code claims that intoxication is defined as a per se violation. If someone has reached the 0.08 blood alcohol limit then they are intoxicated.
However, there is no per se limit for drugs. There is no legal limit of measurement that exists currently for any other substance including any type of illegal or legal drugs.
Another way a person can be defined as intoxicated under the Texas statute is that they have lost the normal use of their mental or physical faculties by the introduction of alcohol, drugs, dangerous prescription drugs, or any combination of substances into the body. Lubbock DUI drug penalties and cases can be confusing, consult an experienced DUID attorney today for more information.
DUI Drug Penalties vs. Alcohol Related DWI
The penalties associated with a drug DWI does not differ from an alcohol related DWI. If a person is convicted of a DWI whether it is drugs or alcohol or a combination, the penalties are the same. The first offense is still three days to 180 days in the Lubbock county jail regardless of whether or not it is drug or alcohol related.
If it is a first offense with the 0.15 BAC or above, it can be up to a year in the Lubbock County Jail. If it is a felony DWI second, it is from 30 days to 365 days in the Lubbock County Jail. If it is a felony DWI, it can be up to 10 years in prison, and it does not matter if it is alcohol or drug related. The Lubbock DUI drug penalties will be the same.
It also does not matter for enhancement purposes. If there are two DWIs because of alcohol and the third one is because of a prescription, then it is still felony DWI.
Prescription Drug Penalties
The statutes make no differentiation with prescription drugs. It establishes that if a person takes a legal prescription and that legal prescription affects their ability to safely operate a motor vehicle, to the point where they have lost mental or physical faculties, they are guilty of driving while intoxicated.
It is the same situation with over-the-counter medication. The statute refers to drugs, prescription drugs, alcohol, illegal drugs, a combination, or any other substance. If the person takes an over-the-counter medicine that they can legally buy, and it makes them drowsy or sleepy while driving, they can be arrested if they fall asleep because the drug has made the person lose the normal use of their mental or physical faculties.
Contacting an Attorney
A person needs an experienced DUI/DWI attorney who understands not only alcohol but also drug related offenses while driving. In addition, a person needs an attorney who understands how to challenge Lubbock DUI drug penalties.
DUI drug lawyers are experienced in cases relating to DUI drug penalties and will guide you through the legal processes.