When many people think of what it makes to get a DWI, they think of someone that has gone to the bar, consumed a lot of alcohol, and then got behind the wheel of their vehicle extremely intoxicated. This is definitely one component of driving while intoxicated, but under Texas law, it is illegal for anyone to be under the influence of any substance when driving. Not only does this include alcohol, but also legal and illegal controlled substances. Therefore, someone driving after taking any substance can find themselves facing a criminal charge for DWI.
There are some crucial elements that must be present in order to make a DWI arrest. First, the person that has been accused of driving intoxicated must have been in physical control of the car and while they were under control on the car, were also impaired by some substance in order to be unable to drive similarly to someone that is sober. These substances include illegal controlled substances and legal prescription medications.
Defenses For DWI With Drug Charges
Proving that someone has been impaired by drugs can be difficult. For one, unlike alcohol, there is no solid bottom line that needs to be surpassed to be considered impaired. Drugs can have a significantly different impact on each person that consumes them, meaning that someone may not be impaired on these substances.
Additional defenses include:
- Officer lacked a valid reason to make a traffic stop to begin with
- Chemical tests used to test for drugs were not properly administered
- A controlled substance was consumed without the driver’s consent
- Officer did not follow the proper procedure when making the stop
Depending on the details of your case, any number of additional defenses may apply, which will be important based on the penalties you may be facing as a result. For a first DWI with drug offense in Texas, the sentencing you may be facing includes between 72 hours and 180 days in jail, a $2,000 fine, installation of an ignition interlock device, community service, drug treatment programs, license suspension, and more. If more than one DWI arrest exists on your record, you may be facing additional penalties.
For a free consultation about your drugged driving case or DWI arrests in general, contact the San Antonio lawyer at The Law Office of Guillermo Lara Jr. With a scientific and technical background combined with years of experience defending clients from these allegations, our firm is trusted for those in need of legal defense.