DWI Drugs Attorney Dallas, TX
Defense for Drugged Driving Charges in Texas
Some might think that a person could only be arrested and charged for driving while intoxicated (DWI) if they were under the influence of alcohol. However, Texas's law prohibits a person from operating a vehicle on public roads while their normal faculties are compromised by any substance, including drugs. This type of conduct is often referred to as DWI drugs or drugged driving, and it carries just as harsh of penalties as those associated with driving under the influence of alcohol. If you've been arrested and/or charged for this offense, it's crucial to retain legal representation as soon as possible. Having a conviction for DWI drugs on your criminal record could make it difficult to find housing or employment or even qualify for federal student aid. Additionally, your driving privileges could be suspended, putting a serious burden on your life.
At Scott H. Palmer, P.C., our Dallas DWI with drugs attorneys have extensive experience handling drugged driving matters. We also have two former prosecutors on our team who know how the opposition thinks and prepares for cases. Because we work as a team on every case we handle, you'll benefit from the knowledge, skills, and resources each one of our lawyers brings to the table.
We're ready to help fight your DWI drugs charge. To get started, call us at (214) 891-3382 today.
Driving Under the Influence of Drugs in Texas
Texas Penal Code 49.01 defines "intoxicated" as being under the influence of alcohol, a controlled substance, drug, dangerous drug, or combination of drugs or alcohol to the extent that it impairs normal mental and physical faculties. If you look closely at the definition, you might notice that it does not explicitly state "illegal drugs." This means that whether a person is intoxicated by an illegal substance such as heroin, a prescription medication, or an over the counter flu medicine, they could be arrested on suspicion of DWI drugs.
Drugged driving charges commonly stem from individuals stopped for operating a vehicle while under the influence of various substances, including:
A common misconception is that it's okay to drive after taking a drug for which the person has a valid prescription or valid reason for taking it. Unfortunately, that's not the case, as the law is not concerned with whether or not the substance is legal, but whether or not it has caused impairment. Texas Penal Code 49.10 explicitly provides that it's not a defense that the individual was entitled to use the substance.
If you've been accused of drugged driving, contact our team immediately. We'll review your charges, examine the arrest process, and discuss your legal options.
Texas Drug DWI Penalties
As mentioned earlier, if you're convicted of driving while intoxicated by drugs, you face the same penalties as those for an alcohol-related offense.
A first-time drugged driving conviction is a Class B misdemeanor and may result in:
- 72 hours to 180 days in jail
- Up to $2,000 in fines
A second offense is a Class A misdemeanor and is punishable by:
- 30 days to 1 year in jail
- Up to $4,000 in fines
A third offense is a third-degree felony and carries the following penalties:
- Up to 10 years in prison
- Up to $10,000 in fines
In addition to incarceration and/or fines, a conviction can result in several other penalties. These include being:
- Ordered to participate in an alcohol education program
- Subject to a driver license suspension
- Ordered to probation
- Ordered to install an ignition interlock device on the vehicle
Get Serious Defense for Your Drug DWI Charges in Dallas, TX
When so much is at stake with a DWI drugs conviction, you need a team beside you that will take your case seriously. At Scott H. Palmer, P.C., your case is just as important to us as it is to you. Our Dallas DWI with drug lawyers provide high-quality defense every step of the way.
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