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DO I HAVE TO GO TO TRIAL IN TEXAS?

Driving While Intoxicated by Drugs in Collin County, TX

 Posted on October 12, 2023 in DWI

TX defense lawyerDid you know that 56% of drivers who suffered serious or fatal injuries tested positive for at least one illegal substance? Many drugs can affect your ability to drive, and driving impaired in any state is illegal.

Studies have shown that driving while intoxicated by marijuana, opioids, methamphetamines, or alcohol puts you at a greater risk of having an accident. Even some over-the-counter medications may make you drowsy and impair your driving. 

If you have been charged with a DWI, you need the help of a Collin County DWI defense attorney immediately.

Common DWI Drugs

There are certain drugs that are commonly linked with drugged driving. These drugs fall into two categories: street drugs and prescription drugs.

Common street drugs include:

  • Cocaine
  • Methamphetamine
  • Heroin
  • Opium
  • Ecstasy (MDMA)—also known as “Molly”

Common prescription drugs include:

  • Percocet (Oxycodone/Paracetamol)
  • Xanax (Alprazolam)
  • Darvon and Darvocet (Dextropropoxyphene)
  • Ambien (Zolpidem)
  • Oxycontin (Oxycodone)

Why is Drugged Driving Hazardous?

In 2021, 11.7 million people ages 16 and older drove while taking illegal drugs. The side effects of drugged driving will differ depending on the type of drug you are taking. For example, if you are taking cocaine or methamphetamines, you may drive more recklessly or aggressively. 

Second to alcohol, marijuana is the drug that is most commonly found in blood tests performed on drivers involved in drug-related crashes. Individuals who are using marijuana may experience delayed reaction times, impaired judgment, and poor depth perception. Marijuana has also been shown to increase lane weaving. Combined with alcohol, the side effects may become worse.

Prescription drugs can equally impact a person’s ability to drive safely. Certain prescription drugs, including benzodiazepines and opioids, are known to increase drowsiness. 

Another drug, Ambien, which is commonly prescribed to treat insomnia, can make you drowsy. You should not take Ambien if you plan to get behind the wheel. If your medication has a warning label that says “do not operate heavy machinery,” that includes driving.

Penalties for a DWI in Texas

Texas does not go lightly on drivers who are under the influence of alcohol or drugs while operating a vehicle. Texas and all 50 states consider a driver to be legally intoxicated when the person’s blood alcohol content is 0.08% or higher. 

However, a person is driving under the influence when they are taking a substance that affects their ability to drive safely. If you feel differently, then you are going to drive differently. 

Under Texas law, the penalties for a DWI are:

First Offense

  • Maximum fine of $2,000
  • Upon conviction: up to 180 days in jail with three mandatory days
  • License revoked for up to one year

 Second Offense

  • Maximum fine of $4,000
  • Upon conviction: one month to one year in jail
  • License revoked for up to two years

Third Offense

  • Maximum fine of $10,000
  • Upon conviction: up to 10 years in prison
  • License revoked for up to two years

You will also have to pay a state fine of $3,000, $4,500, or $6,000, assessed upon sentencing.

If you are impaired and have a child passenger under the age of 15, you could face the following penalties and charges:

  • A fine of up to $10,000
  • Potential jail time of up to two years
  • License Revocation of 180 days
  • You will be charged with child endangerment

If you have been charged or convicted of a DWI, a DWI defense attorney will be able to inform you of legal options. 

Know Your Rights: Contact a Frisco, TX, DWI Defense Attorney 

Being charged with a DWI is a serious offense in Texas. Hiring the right counsel can make all the difference for a successful outcome. If you are facing a DWI charge, contact our Collin County, TX, defense lawyer from Law Offices of Biederman & Burleson P.L.L.C. online or at 469-333-3333 today to schedule your free consultation. 

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