DWI BY PERSCRIPTION DRUGS
DWI Drug Charges
In Texas there is a new and alarming trend in Driving While Intoxicated (“DWI”) prosecutions. The State, Prosecutors, and Law Enforcement have made a concerted effort to target DWI intoxication by drugs. This effort doesn’t only affect those who use illegal narcotics, but individuals are taking legally prescribed medication. Common medications such as, Xanax, Valium and other legally prescribed pharmaceuticals are increasingly prevalent among the general population. Thus, the common citizen who believes that they are following the letter of the law and abiding by their doctor’s orders are finding themselves facing serious charges. The State brings these cases and will attempt to show that an individual became intoxicated solely drugs or a combination of drugs and alcohol. The over-reaching arm of the State is now targeting individuals who ingest even a small amount of alcohol and follow their doctor’s recommendation for the appropriate level of medication. This is why it is important to have the right Law Firm by your side.
In a typical intoxication case that alleges the intoxication by drugs, the police will have a Drug Recognition Expert (“DRE”) to evaluate a citizen and claim later at trial that the individuals was under the influence of drugs at the time of driving. However, your attorney should and must questions the merit of the Officer’s evaluation, whether he followed correct procedures, and the overall quality of the investigation. DRE Officers, like everyone else, make mistakes in their evaluations and it is critical that you have a DWI PRO by your side to ask the tough questions. It is also important to know that in these cases the State will attempt and often does draw blood from the individual accused. Prosecutors will then later try to use these results against you at trial. While the State will claim these results are infallible, they are not. It is important to have an attorney by your side that will challenge both the validity of the alleged results and their legal admissibility in Court. Often times, the Prosecutors will not be able to get an expert to conclude that the amount of drugs in an individual’s system actually caused intoxication. Further, your attorney must call into question and challenge, among other things, the procedures used to draw the blood, the qualifications of the person taking the blood, and the experience of the person testing the blood. Ultimately, this new trend in law enforcement is affecting citizens from all walks of life and it is important that you have an attorney that knows the law and will fight for you. Call a DWI Pro today (210) 222-2288