It is a common misconception that if an individual is charged with driving while intoxicated, it means that he or she was driving drunk or under the influence of alcohol. However, a driver may be charged with a DWI in Plano even if his or her blood alcohol concentration (BAC) level is below the legal limit. Under Texas law, one has committed a DWI if he or she is operating a motor vehicle, while intoxicated, in a public place. The Wilder Law Firm has helped many clients reduce or eliminate the consequences of a Plano DWI conviction. Call us today to begin assembling a case.
If an individual is mentally impaired by the use of a prescription drug and is operating a motor vehicle in a public place, he or she is at risk of being charged with a DWI. Under Texas law, an individual is driving while intoxicated if he or she does not have “the normal use of mental or physical faculties.”
This can occur through consumption of:
Even if an individual in Plano has not consumed enough alcohol to violate the legal BAC limit, the combination of a prescription drug with alcohol may result in dangerous side effects.
Prescription drugs are accompanied by a warning label, which lists potential side effects including:
These warning labels often advise against certain activities such as:
Based on potentially harmful side effects, ingesting a prescription drug alone can result in mental impairment. The potentially dangerous results that may arise from prescription drugs create an additional threat of harm caused by an individual who drives while under the influence of one.
Although the Texas Penal Code has not specified the level of prescription drugs in one’s blood concentration that is sufficient to indicate mental impairment, it has addressed the issue of those who are entitled to use of prescription drugs. Under Texas law, an individual that is being prosecuted for a DWI may not assert the defense of being entitled to use the controlled substance or drug to challenge the DWI charge.
If an individual is being charged with a prescription drug-related DWI, he or she may also face the risk of being charged with illegal possession of a prescription drug or controlled substance.
A DWI is a serious offense in Plano that may negatively impact you in your social life, work life, and family life for years to come. With a prescription drug-related DWI you may face other consequences such as illegal possession charges or entry into a drug rehabilitation program. As the legislation surrounding prescription drug DWIs is not as clear as strictly alcohol-related DWIs, it is important that you seek a strong legal defense to guide you through the prosecution process.
The Plano DWI attorneys at the Wilder Law Firm are highly experienced in DWI-related crimes and have the expertise needed to succeed in challenging DWI offenses.