Driving while intoxicated (DWI) is a serious charge in Texas. If convicted, you could face costly fines, years in prison, and a loss of your driver’s license. There are even collateral consequences for DWI charges that can follow you for years. DWI charges aren’t just for drivers who operate a vehicle while on alcohol or illegal drugs — prescription drugs can also impair your judgment and ability to drive.
If you are facing these charges, reach out to an Austin DWI prescription drugs lawyer today. The team with the Law Offices of Randall B. Isenberg is ready to defend you against these charges, so don’t delay.
Texas’s Penalties for Driving While Intoxicated
DWI charges can vary based on previous offenses. These charges typically range from a Class B misdemeanor to a Class A misdemeanor, but certain circumstances could make this offense a felony. Texas Penal Code § 49.04 briefly outlines the penalties for these charges.
First DWI Offense
For a first-time offense, drivers charged with a prescription drugs DWI face Class B misdemeanor penalties. According to Texas Penal Code § 12.22, intoxicated drivers can face:
- Time in jail up to 180 days, with a minimum of 75 hours (three days) in jail
- Fines up to $2,000
Additionally, drivers convicted of a prescription drug DWI will face a one-year license suspension, according to Texas Transportation Code § 521.344.
Second DWI Offense
If you are convicted of a second DWI, you can be charged with a Class A misdemeanor, according to Texas Penal Code § 49.09. This second offense falls under the enhanced offenses and penalties section of chapter 49 of the Texas Penal Code. While this misdemeanor class has a maximum sentence of one year, the categorization under enhanced offenses means you have to serve jail time for a minimum of 30 days.
Drivers may also be subject to suspension lasting up to two years and financial penalties. Anyone convicted of a Class A misdemeanor may have to pay a fine of up to $4,000, per Texas Penal Code § 12.22.
Three or More DWI Offenses
If you commit a third DWI offense, the state may charge you with a felony of the third degree, according to Texas Penal Code § 49.09(b)(2). These charges can result in:
- Prison time ranging from 2 to 10 years
- Fines up to $10,000
- A 2-year license suspension
Other circumstances can impact your charges. For example, driving while intoxicated with a child younger than 15 years of age can result in felony charges (Texas Penal Code § 49.045).
Possible Defenses an Austin DWI Prescription Drug Lawyer May Employ
Dealing with these charges alone can be overwhelming, confusing, and frightening. The fact that the medication is legal and available through a prescription does not make your case any easier than if your case involved alcohol or illegal substances.
That’s where an Austin prescription drug DWI lawyer comes in. The Law Offices of Randall B. Isenberg has a team of lawyers who understand the nuances of the law and know how to build a defense strategy. We can explore several defense options against your charges of driving while intoxicated by prescription drugs. While every case is different, our lawyers can review the details for:
Reasonable Suspicion and Probable Cause
Law enforcement needs to have sufficient grounds to pull you over. They may not have a case if they cannot prove that they had justifiable reasons for pulling you over.
Probable cause is another factor that can play a part in your DWI case. With probable cause, police must prove that they had reason to believe that you were committing a crime. If law enforcement did not have probable cause, we can use this to your benefit.
Inaccurate or Illegally Obtained Evidence
We may be able to dispute any blood tests performed by law enforcement. It’s possible that the police conducted the test improperly, and that could have damaged the samples or violated testing procedures. Equipment for testing can be faulty, or police may have violated your rights during a traffic stop.
There are other strategies we can use during your case proceedings to disprove or find holes in the prosecution’s arguments and evidence. Although we may use different defenses, or a combination of different strategies, these legal defenses indicate your case may not be as open and shut as it seems.
How Can an Austin DWI Prescription Drug Attorney Help Me?
An attorney with experience defending prescription drug DWI cases can help you navigate the legal system and fight for your freedom. Randall Isenberg and his team of criminal defense lawyers are dedicated to serving you during this uncertain time. With over 30 years of experience and a history as a judge and prosecutor, Randy knows what it takes to defend you.
If you choose to hire an attorney to defend you in court, you will need an attorney with experience in cases involving prescription drug DWIs in Texas. Randy Isenberg has the experience, qualifications, and case results to give you the best chance for a favorable outcome.
Reduction or Dismissal
The attorneys at the Law Offices of Randall B. Isenberg can review your case and represent you throughout the proceedings. Depending on the case, we can seek to have your charges dismissed or reduced. Although we cannot guarantee either result, we do have experience getting our clients reduced sentences — this even includes clients with multiple DWI convictions.
Community Supervision
When facing charges of DWI by prescription drugs, thoughts of jail time and steep fines are stressful. However, community supervision, commonly called probation, is one possible way we can help you avoid jail time. This program involves regular reviews and promotes substance abuse treatment.
You must meet the eligibility requirements of the program and apply for consideration. As a resident of Austin or the Austin area, you can apply through the Travis County DWI Court Program. If you are eligible for this program, we can explore this as an avenue to help you avoid more serious charges.
Get Started With the Law Offices of Randall B. Isenberg Today
Every person is presumed innocent until convicted of a crime, and we believe every person deserves the best possible defense for their case. Call our office for a free initial consultation — we are available 24/7 to take your call.
