Driving While Impaired: DWI & Drugs
When people think of the term "
driving while intoxicated," or DWI, they might believe this simply refers to drunk driving,
but this is not always the case. It is true that overconsumption of alcohol
can cause impaired driving, but so can other things. Controlled substances,
recreational drugs, prescription medication, or even over-the-counter
medications can all cause intoxication and result in a person being arrested for DWI.
How a Drug-Related DWI Can Be Fought
In Texas law, there is no real distinction between driving under the influence
of alcohol and driving under the influence of a medication or controlled
substance. In either case, your driving is impaired and you are putting
lives in danger. Penalties for drug-related DWIs are the same as those
for alcohol-related DWIs. The only difference is how the prosecution will
attempt to prove your intoxication.
When you are pulled over as a suspect for drunk driving, the police officer
will perform sobriety tests and a
blood- or breath-alcohol test to determine if your blood alcohol concentration is above 0.08%, the minimum
level necessary for a legal DWI arrest. For drug-related DWIs, field sobriety
tests can help determine if a person is experiencing drug-
or alcohol-related intoxication, but they do not work to determine
all forms of drug-related intoxication.
In fact, most officers are not thoroughly trained in how to perceive drug
intoxication. When your case is brought to court, the only evidence that
can be provided against you, besides the officer's account of the
situation before the arrest, is a urine test. This means that many mistakes
and assumptions can be made in a drug-related DWI arrest. If you believe
that you are a victim of a wrongful DWI arrest, don't hesitate to
learn what a Houston criminal attorney could do for you.
Driving Under the Influence of Prescription Drugs
According to Texas Penal Code, if a person drives while intoxicated with
any substance, the fact that they may be legally entitled to its use is
not a valid defense against DWI. In other words, just because an individual,
for example, is "high" on prescribed drugs, they are just as
subject to DWI
penalties if convicted as is someone driving while impaired by alcohol. Even cold
and flu medicines can render a person legally unfit to drive a vehicle.
Our firm can closely examine the arrest, procedures used to obtain evidence,
and other factors to disprove or mitigate the case against you, just as
if it were an alcohol DWI case. With a former chief prosecutor in our
firm, we have the well-rounded perspective to provide you with quality
Contact a Houston DWI Attorney - Free Evaluation
An attorney with the Martinez Law Firm may be able to defend you against
a faulty or wrongful DWI arrest. We have experience in all forms of DWI
cases and know the importance of researching the details so that we can
defend you from every side. Our firm has also been recognized for our
success by Avvo.com and the Better Business Bureau, and Mr. Martinez has
been named a Houston Top Lawyer and nominated to be a Super Lawyer.
We have the experience to provide you with the highest chance of success
in your case. Call today for a