Prescription Drug DWI Penalties in Fort Worth
The prescription drug DWI penalties in Fort Worth are the same as the penalties for driving while intoxicated by reason of alcohol. A first-time DWI is considered to be a Class B misdemeanor with at least three days to 180 days in jail and up to $2,000 in fines. The second-time DWI by reason of drugs or medications other than alcohol is a Class A misdemeanor punishable by 30 days up to one year in jail and up to $4,000 in fines. A third DWI may be considered a felony offense. For more information, or for legal assistance, contact an experienced attorney today.
Does It Matter If a Person Does Not Have a Prescription in a Drug DWI Case?
Having a drug prescription does not excuse a DWI charges and may not be considered a proper defense is the person was intoxicated. However, not having a prescription for the drug does not change anything about the DWI case, nor does it aggravate it. Some juries may be lenient towards a defendant who has a prescription for their drug, however, other juries may not be as lenient towards defendants without a prescription.
Importance of Providing a Lawyer with Medical Information
It is important to provide all prescription and medical information to an attorney when prescription drugs are involved so they know what medications could show up in a blood test. They need to know about each particular medication and understand the effects of those medications. An attorney must know the therapeutic levels of the medications and the metabolites for each of the medications. They determine whether or not the metabolites are active metabolites that may cause impairment or affect a person’s normal mental or physical faculties.
Role of a Recognition Expert in Prescription Drug DWI Accusations
The police and law enforcement of the community have developed a drug recognition evaluation process which involves officers undergoing frequent training regarding the use of this drug recognition evaluation to become a drug recognition expert (DRE). Officers may use this term in an effort to convince juries that drug recognition evaluation is a sound process to evaluate whether a person is under the influence of a drug or medication and whether they are intoxicated by that. A defense attorney may be able to get a judge to rule that they cannot call themselves experts because they did not become experts by definition under the law.
Evaluation for drugs involves a 12-step process that includes a breath test to exclude alcohol as a reason for the intoxication. Officers frequently do not go through that step. There must be a blood test to identify the presence of a drug or medication that may be in the person’s system. An evaluation is done that consists of a series of questions and other sobriety evaluations, as well as testing of the pupil size and other physical characteristics.
The defense attorney should be familiar with the training and understand the lack of science behind it. They might show that the officers did not properly administer the evaluation in the way they were trained. They might show there is no science to support a drug recognition evaluation as being scientifically sound or accepted as being able to prove the presence of a drug or medication and/or the cause of not having a normal use of mental or physical faculties by reason of the drug or medication.
Benefits of Working with a Fort Worth Prescription Drug DWI Attorney
Being charged with a DWI can be an intimidating experience due to the potential prescription drug DWI penalties in Fort Worth. Handling such charges alone could also prove to be a difficult task to undertake. However, an attorney with the right amount of experience could take away some of the stress you may be feeling. By allowing a lawyer to act on your behalf, you give yourself the opportunity to be properly represented in a court of law. Do not wait until it is too late, schedule a consultation today.