Most Driving While Intoxicated cases involve an investigation that takes place to determine how much alcohol was consumed causing the intoxication. Many may believe that alcohol is required to determine a DWI conviction, however, this is far from the truth. Intoxication can be determined by the usage of drugs, or any "intoxicating substance" - meaning that it can be illegal drugs or legal drugs such as prescription medication. There are also over the counter medications that resemble alcohol intoxication, such as some cold medications that make you dizzy or drowsy.
What is the definition of intoxication in Texas?
"Intoxication" under Section 49.01(2) of the Texas Penal Code is defined by the following, in relevant part:
(A) not having the normal use of mental faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
(B) not having the normal use of physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
(C) having an alcohol concentration of 0.08 or more.
It should be noted that the prosecutor only needs to prove one of the three ways of "intoxication" pursuant to Texas law in order to obtain a conviction. For example, if the jury believes the person has lost their physical faculties, although they have not lost their mental faculties and there is no blood or breath test, theoretically that person could be found guilty. That is not always the case, generally, if the evidence only shows the loss of either the mental or physical faculties, and not both, there is usually a logical explanation for that loss and the result should be they are not intoxicated.
DWI & Drugs
Texas law mandates, as described above, that an individual cannot take any legal medicating drug that will impair your well-being mentally or physically while operating a motor vehicle. Even though it is legal to take the medication, it is illegal to operate a vehicle while under the influence of the drug, and it will almost certainly be used against an indivudal to convict them of a DWI charge. This entails anything that makes you sleepy, slow, or unable to react in a timely manner of following instructions. If intoxication occurred as a result of adverse effects from taking something two or more of prescriptions that caused you be intoxicated. Contact The Law Offices of Carl David Ceder as soon as possible to gather crucial evidence for your defense, to avoid delays in mounting a proper defense to your case.
A police officer has the right to stop a driver if he/she believes that the driver is intoxicated by something other than alcohol. By law, they often can call for a Drug Recognition Expert (DRE) to come and give you drug-related test, or request that you submit to obtaining a sample of your blood to determine what type of intoxication that may have caused the impairment. If the driver refuses to take a test a warrant from a judge can be ordered and force the driver to have blood drawn.
No matter what the charges are: breathalyzer, the refusal to blow, blood draw results, or a field sobriety test alone, The Law Offices of Carl David Ceder will challenge all the evidence against the citizen accused. The legal team associated with Carl includes his prior experience, training (including the ARIDE certification, which related to training received to properly conduct a DRE investigation). Regardless of the circumstance, Carl and his team will do everything possible to protect your rights. Regardless if your blood is drawn, there are still other facts for us to review that may protect you from a possible DWI conviction.
Texas DWI Defense Attorney
Regardless of no alcohol content in the driver’s body, a DWI offense can still be charged against an individual. Any impairment of driving by use of any drug, such as: marijuana, cocaine, prescription drugs (including Xanax and Ambien - both common substances used by investigating officers as proof or impairment), or heroin is also considered intoxicating. Driving While Intoxicated, even if not included as alcohol, but by any drug, or combination of either or both, is a serious offense and can result in serious penalties that could potentially result. Your chances of an acquittal, a dismissal, or a reduction to a lesser charge, will increase substantially by hiring the help of a Texas DWI Defense attorney.
A police officer has the right to enforce the driver to submit to a blood or urine test if they suspect that a driver is under any kind of influence. This is to determine if their suspicions are accurate and what is initially causing the driver’s impaired nature.
The Law Offices of Carl David Ceder is comprised of dedicated and experienced professionals in all types of cases regarding DWI cases in Texas (including those related to a non-alcholic substance). Speak with a lawyer right away about what your rights or chances are against a DWI case to avoid spending time in jail, paying expensive fees, or losing or privilege to operate a vehicle.
Driving While Intoxicated (related to being under the influence of Drugs or another intoxicating substance) Defense
There is obviously no guarantee in any case concerning specific results, however, The Law Offices of Carl David Ceder will work as hard as possible to mount an aggressive defense. All DWI charges are serious in nature, and can put a hold on your future, and as such, it is in your best interest to have a powerful knowledgeable attorney to aide in your defense. Don’t hesitate to contact Texas DWI Defense Attorney if you have been charged with such an offense as described above.
Contact Us Now
You can contact The Law Offices of Carl David Ceder at anytime for assistance at 214.702.CARL(2275) or at 469.2000.DWI(394). You can also e-mail Carl directly, at Carl@CederLaw.com; or to the office for general inquiries at Info@DFWDefenders.com. Phones should be answered 24 hours a day/7 days a week for immediate and personal assistance. E-mail messages will be responded to with 24-48 hours, depending on whether Carl is in trial.