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.
Contact Houston Criminal Attorney Herman Martinez
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 knowledge and experience to provide you with the highest chance of success in your case, so call today for a case evaluation.