A conviction for driving while intoxicated (DWI) with prescription drugs can result in jail time and hefty fines. Even though these drugs are ‘legal’ in the sense they are prescribed by doctors, abusing them is illegal.
Prosecutors in the state of Texas are pursuing these cases with diligence. If you have professional licenses, you could lose them if convicted. A DWI conviction may impact you negatively for years. Contact our experienced Dallas DWI attorneys today to help with your DWI case. Our Dallas Criminal Defense Lawyers can make sure you get the best possible outcome for your case.
What Is DWI, and How does It Apply to Prescription Drugs in Dallas, Texas?
Driving while intoxicated can refer to any substance, not just alcohol. Driving impaired can even refer to legal prescription drugs.
In Texas, you can be charged and convicted if you are under the influence of any drug or substance that impairs your ability to drive safely. DWI comes with several fines and penalties if convicted:
- A First DWI Offense: You might face a fine of up to $2,000 and be jailed for 3 to 180 days, but there is no mandatory minimum jail time. Your license may also be suspended for up to 1 year.
- A Second DWI Offense: You could face a fine of up to $4,000 and 30 days to 1 year in jail. A conviction does carry a minimum of 72 hours in jail. Your license may be suspended for two years.
- A Third DWI Offense: A conviction could result in a fine of up to $10,000 with a jail sentence of 2 to 10 years. If you get probation, you still could be jailed for 10 to 60 days.
In addition to those fines and penalties upon conviction, these other factors could influence your charges:
- DWI with a child in the vehicle: If you are charged with a DWI with a child in the vehicle, you could face stiff fines up to $10,000. If the child is under fourteen, you could also face felony charges for child endangerment.
- DWI with an accident: If you caused an accident while intoxicated on a prescription drug and people were injured, the charges become a felony. In addition, your record can never be sealed.
If you are facing any DWI charges, you should speak with our team as soon as possible. We may be able to have your charges reduced or even dismissed.
How Are Prescription Drug Cases Handled in Texas?
The prosecution in Texas has the responsibility to prove your guilt. Defined as the “burden of proof,” the prosecution must demonstrate three parts of your case:
- The state must prove you had possession of prescription drugs either on you or in your personal belongings or your vehicle.
- Texas prosecutors also must prove you knew you had possession of prescription drugs.
- State prosecutors finally must establish that you were intoxicated, and it affected your ability to safely operate your vehicle.
If the state were to fail to prove these three separate elements, you might avoid a conviction. To avoid a jail sentence, you may be able to enter a drug treatment center if you have an addiction.
How does Texas Categorize Prescription Drugs
The Texas Controlled Substances Act has developed categories for different punishments for various drugs. These penalties were put in place based on different factors with the drugs.
Some of these categories are determined by the amount of the prescription drug. Depending on the quantity of drugs in your possession, your charges could be severe.
How Will an Experienced DWI Prescription Drug Lawyer Defend Me?
Most laypeople have difficulty understanding the law. It is this lack of knowledge that may lead to someone charged with DWI in Texas misunderstanding the charges against them.
Because they don’t understand the law, the accused people may not believe they have any kind of defense against these charges. In reality, there may be options open to you. An effective criminal defense law firm in Texas knows the legalities you may face. Depending on the circumstances surrounding your case, some of your defense options may include:
- Challenging any of the evidence collected by field sobriety tests, blood tests, and breath tests
- Challenging the testimony of a drug recognition expert or the arresting officer
- Challenging law enforcement’s justification for pulling you over or searching you or your vehicle
Also, if there was an accident, your defense attorney could present evidence that the accident was caused by some other factor and not you. Your defense attorney could possibly even use the police report to challenge the officer’s testimony.
In addition, the Fourth Amendment of the Constitution protects U.S. citizens from illegal searches or seizures. Our staff can go over your case with you and investigate whether your Fourth Amendment rights were violated. Charges can be dropped because the police or law enforcement personnel did not have reasonable cause to search your property, vehicle, or belongings.
If your case continues to trial, Randall Isenberg can represent you throughout the legal process. There is no guarantee any of these defenses will absolve you of your charges. They do show there are possible avenues to explore to avoid a conviction and jail time.
A Dallas DWI Prescription Drug Law Firm with a Successful Record
Choosing the right attorney to represent you can sometimes seem like a difficult process. If you decide to bring in an attorney to handle your case, choose one experienced at defending prescription drug cases in Texas.
Law Offices of Randall B. Isenberg has handled prescription drug cases and can explain the details of your case to you along with your legal options. Randall Isenberg has over 30 years of experience handling cases just like yours. His past success with cases like yours speaks for itself.
Call Law Offices of Randall B. Isenberg Today
Law Offices of Randall B. Isenberg believe every person accused of a crime deserves to defend themselves against their charges in court. Call our office at (214) 696-9253 for your case evaluation.
