Prescription Drugs DWI Defense Lawyer
The police can charge you with DWI (driving while intoxicated) even if there is no alcohol in your system. Prescription drugs are a common cause of DWI arrests. Although using prescription medication is perfectly legal, law enforcement can justify the traffic stop, the arrest for prescription drug DWI, and the suspension of your driver’s license.
Without immediate, aggressive legal help, the charges could stick and you could lose your drivers’ license, have to pay a fine, or even go to jail.
Call (210) 787-3916 to talk to a San Antonio prescription drug defense lawyers at Gireud | Hobbs, PLLC. We know how to create a strong defense against DWI-prescription drugs charges and we offer a free consultation. You can also contact us online.
Medications Frequently Cited in DWI Cases
Painkillers are the most common type of prescription drug linked to DWI charges: Vicodin (hydrocodone), Demerol, and Codeine. But these are not the only prescription drugs that can potentially cause an impairment that can result in a DWI. Antidepressants like Valium, anti-anxiety medications like Xanax, and sleeping pills like Ambien are also common reasons for arrest. Even over the-counter decongestants and antihistamines have been implicated in DWI cases.
Defense Against Prescription Drug DWI
If you’ve been charged with DWI because of prescription drug use, you need to get legal help quickly. Your license won’t be suspended because of a BAC of above 0.08, but you could still face a driver’s license suspension if you did not agree to give a sample of your blood for their tests! If so, you need an advocate at your Department of Public Safety hearing to fight license suspension. You must schedule this hearing within 15 days of your arrest for DWI or you will be without your license for at least 90 days unless you get an occupational driver’s license that will allow you to drive for work or school purposes.
After that hearing, your DWI defense lawyer will work on building a strong defense to improve your chances of having the charges dismissed or having the best chance to succeed at trial.
Prescription drug DWI cases are often based on an officer’s statement.
Unlike DWI charges involving alcohol, there is no measurement for impairment. For example, if a blood alcohol test reveals less than .08 percent blood alcohol content, you probably won’t be charged with DWI. There is no similar test for drugs.
In many jurisdictions, if an officer suspects or sees prescription drugs, or if you report that you are taking prescription drugs during the traffic stop, you will likely be charged with DWI. It comes down to the officer’s observation and his/her testimony about you at trial.
What if the blood test showed drugs in your system? First and foremost, the State of Texas has to prove you were intoxicated at the time of driving, not at the time they tested you. Secondly, most drugs have discernible half lives which can help us show a jury that you weren’t actually being affected by the drugs even though your blood tested positive! Finally, as many people are well aware, drugs can have diminishing effects on a person over time. If you’ve been on Xanax for years, it’s not going to affect you the same way it did when it was your very first prescription! These are details the prosecutor will likely ignore, but they’re the difference between a guilty and a not guilty at trial – let us take a look at your case and see how we’ll attack the State’s case and give you back your freedom.
Contact Our San Antonio Law Firm if Charged With Prescription Drug DWI
If you are facing a DWI charge because of a prescription drug, the South Texas drug crimes attorneys at Gireud | Hobbs, PLLC can help. We understand the differences between this type of DWI and a DWI involving alcohol. Put our experience on your side in court. Call (210) 787-3916 or contact us online for a free consultation.