Drugged Driving Lawyer Houston, TX

Driving Under the Influence of Drugs (DUID)

Many law-abiding people have been shocked and dismayed to be arrested on suspicion of drunk driving when, in fact, their driving skills were impaired or might have been impaired by consumption of over-the-counter or legally prescribed medications. Whether the drugs involved are legal or illegal, prescribed or purchasable over the counter, the presence of certain substances in your body is considered to hamper your driving abilities – and can result in a DWI arrest.

What is Considered Drugged Driving?

Drugged driving, also known as driving under the influence of drugs (DUID), refers to operating a motor vehicle while impaired by any substance that can compromise one's ability to drive safely. This impairment can be caused by various substances, including illegal drugs, prescription medications, over-the-counter drugs, and even certain legal substances. 

Challenging DWI Drug Cases in Harris County

In some cases, a person who is intoxicated by ingestion of a drug did not know about the effects of the medication or did not know that drugs had been administered to him or her. When the drug consumption was not voluntary, this may be strong enough evidence to get drunk driving charges dismissed.

This is but one example of the type of creative, aggressive criminal defense conducted by Jed Silverman and our team. Mr. Silverman is one of a very few lawyers to successfully defend clients in drug-related cases by convincing a judge that the drug consumption had been involuntary.

What Drugs Are Usually Involved in DUID Arrests? 

Prescription and over-the-counter medications commonly involved in DUID arrests include:

• Sedating antidepressants
• Sleeping pills
• Medications containing hydrocodone (such as Vicodin)
• Decongestants
• Antihistamines
• Valium

Texas Penalties for Drugged Driving

In Texas, driving under the influence of drugs (DUID) is a serious offense that carries significant legal consequences. The state has stringent laws and penalties in place to deter drugged driving and ensure road safety. 

Here is an overview of the penalties for drugged driving in Texas:

• Class A Misdemeanor: A first-time DUID offense is typically charged as a Class A misdemeanor, punishable by:
  Up to 1 year in jail.
  Fine of up to $4,000.
• Felony Offense: Subsequent DUID offenses or cases involving aggravating factors can lead to felony charges, with penalties including:
  Imprisonment for 2 to 10 years.
  Fine of up to $10,000.
• License Suspension: Upon arrest for DUID, your driver's license may be suspended. Refusing a chemical test can result in automatic suspension.
• Fines: Monetary penalties for DUID convictions can range from hundreds to thousands of dollars, depending on the severity of the offense.
• Court Costs: Additional court fees and administrative costs may apply, adding to the financial burden of a DUID conviction.
• Probation: In lieu of jail time, the court may impose probation, requiring regular check-ins, compliance with conditions, and possibly drug testing.
• Community Service: Offenders may be mandated to perform community service hours as part of their sentence.
• Drug Education Classes: Completion of drug education courses may be required, aimed at raising awareness about substance abuse and its consequences.
• Treatment Programs: In cases where substance abuse issues are identified, participation in drug treatment programs may be necessary.

If you are facing DUID charges or need legal guidance regarding drugged driving offenses, seeking counsel from a knowledgeable attorney specializing in DUI cases is recommended.

Defenses for Drug-Related DWI Charges in TX

Facing drug-related Driving While Intoxicated (DWI) charges in Texas can be daunting, but there are several defenses that skilled attorneys can employ to challenge these charges effectively. 

Here are common defenses used to address drug-related DWI charges in Texas:

• Lack of Probable Cause: If law enforcement officers lacked probable cause to stop your vehicle, any evidence gathered thereafter may be deemed inadmissible.
• Invalid Field Sobriety Tests: Field sobriety tests can be subjective and influenced by various factors, potentially leading to inaccurate results.
• Challenging Chemical Test Results: Breathalyzer or blood tests may be challenged based on calibration issues, improper handling of samples, or other inaccuracies.
• Rising Blood Alcohol Concentration (BAC): Arguing that your BAC was below the legal limit while driving, but increased to an illegal level by the time you were tested.
• Medical Conditions or Prescription Use: Medical conditions or prescription drug use could lead to false positives on drug tests, which can be a valid defense.
• Violation of Rights:  If law enforcement violated your rights during the arrest or testing process, it could lead to the exclusion of evidence.
• No Actual Physical Control: If you were not actually driving or in control of the vehicle at the time of the arrest, this could be a viable defense.
• Involuntary Intoxication: If you unknowingly ingested a substance that impaired your ability to drive, you may have a defense based on involuntary intoxication.
• Improper Police Procedures: Any deviations from standard arrest protocols or testing procedures can weaken the prosecution's case.
• Witness Testimony: Eyewitness accounts or expert witnesses can provide valuable testimony to support your defense.
• Retrograde Extrapolation: In cases where there is a significant time gap between driving and testing, this method can estimate BAC levels at the time of driving.
• DRE Evaluation Challenges: Challenging the qualifications or procedures of DREs involved in assessing drug impairment.

If you are facing drug-related DWI charges in Texas, it is essential to seek legal representation from a qualified attorney experienced in DWI defense. An attorney can assess the specifics of your case, determine the most appropriate defense strategies, and advocate for your rights throughout the legal process. Remember, each case is unique, and a tailored defense strategy can significantly impact the outcome of your case.

Contact Our Houston DWI Attorney Today 

In the wake of a drug-related DWI arrest, you have the opportunity to make a decision that may save you from facing months in prison, thousands of dollars in fines and a permanent criminal record. Choose a Houston DWI lawyer who has a track record of favorable outcomes, who knows the law and who is ready to defend you before a judge and jury after a drug-related DWI arrest. Choose the Law Offices of Jed Silverman. We have the skills and resources required to protect your rights, no matter the complexity of your case.

 For more information about our Houston DWI attorneys and how we can help with your DWI drug charges, contact us at (713) 597-2221.