How To Beat A Drug DWI Charge In Texas (2025) скачать в хорошем качестве

How To Beat A Drug DWI Charge In Texas (2025)

Texas Drug DWI Charge in Texas: Many people are surprised to learn that any medication, including over-the-counter medicine and legally prescribed (prescription) medications, which may cause impairment during driving could be the basis for a DWI arrest and conviction. If you are taking prescription medication and operating a motor vehicle, there are two primary issues you must be aware of when driving: (1) You should keep your proof of prescription with you at all times so that a police officer will not charge you with drug possession if you are pulled over for suspicion of DWI; (2) Your ingestion of the prescription drugs must not affect you sufficiently to cause you to meet the definition of “intoxication” under Texas DWI law. How Does Texas DWI Law Define “Intoxication?” Under Texas DWI laws, you are “intoxicated” if you have a blood alcohol concentration of 0.08 or higher, or you no longer have the normal use of your mental or physical faculties by reason of alcohol or drugs. “Drugs” can include illegal drugs, prescription medication or any other controlled substance – including over-the-counter medicines. As you can see from the definition above, how can the State of Texas prove a Drug DWI case if there is no 0.08 alcohol level? The prosecutor will attempt to prove you are intoxicated through your behavior, actions, and Standardized Field Sobriety Tests. For example: many DWI officers look for the following behavior to establish proof of intoxication on Drug DWI cases: bloodshot watery eyes, slurred speech, lack of balance or coordination, confusion, inability to understand basic instructions or focus on the officer’s questions, etc. The police officer will try to claim that any of these observed behaviors must have been because of intoxication due to drug usage. Additionally, the police officer will attempt to persuade you to give a blood sample or seek a blood search warrant in order to obtain a blood sample establishing the amount of the drugs in your system. What if you were taking the normal prescription medication you were prescribed by your doctor? Will the presence of the drugs in your system result in a guilty verdict at a Drug DWI trial? Not necessarily! In order to be convicted for Prescription Drug DWI, the prosecutor will have to call a toxicologist as an expert witness to testify that the drug levels found in the blood sample were more than therapeutic levels customarily found with normal usage doses. Even if the drug level was higher than therapeutic levels, a toxicologist, when pressed under cross examination at a DWI trial, will many times admit that there can be other factors that must be considered when determining if someone is intoxicated. For example – what if you have been taking the medication for years and have built up a resistance to the drugs? What if your behavior on the roadside was more consistent with someone that was not intoxicated? All of these issues must be thoroughly researched and leveraged by your DWI attorney during negotiations. Drug DWI charges are serious, carrying with it the same fines and penalties as a DWI involving alcohol. If you or someone you know is facing drug DWI charges, it is critical that you call an experienced and aggressive drug DWI law firm immediately. You should not have to suffer such severe consequences for driving while on cold medicine or prescription medication that your doctor instructed you to take. Unfortunately, Texas laws regarding driving under the influence of drugs and driving under the influence of alcohol are not unique. Free Guides: What to Do When You've Been Charged in Texas: https://www.criminalattorneyfortworth... Ultimate Guide to DWI Defense in Texas: https://www.criminalattorneyfortworth... What to Do When Charged with Domestic Violent Crime: https://www.criminalattorneyfortworth... How to Beat a Drug Charge in Texas: https://www.criminalattorneyfortworth... 00:00 How To Beat A Drug DWI Case In Texas 00:49 What Is Drug DWI 01:30 What To Do If You’re Taking Prescription Medication 02:50 What Is Intoxication 03:39 Intoxication Tests 06:02 Drug DWI vs. Alcohol DWI 07:35 What If You Did Terrible On Your Sobriety Test 09:35 Driving On Adderall 10:02 Defenses To A Drug DWI Charge Case