Fort Worth Prescription Drug DWI Lawyer
While people legally use medication every day, authorities pursue cases of individuals using prescription drugs while driving. The differences in prescription drugs and other illegal substances may require an accused person to consult a Fort Worth prescription drug DWI lawyer. A well-practiced DWI drug attorney could champion your case and fight tirelessly on your behalf. Call today and schedule a consultation.
Prescription Drugs Impact on Driving
Prescription drugs are controlled substances a doctor prescribes for a patient. Prescription drugs involved in a DWI could be narcotics, painkillers, opioids, and Xanax or other drugs used in an anti-depressant manner. Many of these drugs might cause intoxicating effects or could cause a person to not have the normal use of their mental or physical faculties. Some drugs also have a characteristic where a person becomes tolerant of the effects of the medication. This could include the medication no longer affecting their mental or physical faculties and no longer causing intoxication.
Individuals facing charges should consult with a Fort Worth DWI prescription drug lawyer who has experience handling these types of cases.
How a Person Could be Charged with a Drug DWI
As with other DWIs, there has to be evidence that justifies the stop, detention, and arrest. There must be probable cause to believe the person did not have the normal use of the mental or physical faculties while they were driving due to a drug or medication.
A blood test can be done to show the presence of the drug in the person’s blood. There must be testimony that the drug may cause impairment to the person’s normal use of mental or physical faculties. A scientist typically needs to testify that the person had the drug in their blood and at the time they were driving and that they did not have the normal use of their mental or physical faculties by reason of this drug.
On cross-examination during a drug DWI case, the defense attorney could show that the prosecutor does not have proof beyond a reasonable doubt that the person was intoxicated by the drug because no studies show the particular drug causes intoxication at any specific level.
Proving Prescription Drug Cases
In order to secure a conviction, the prosecution must be able to prove the defendant:
- Was driving
- Did not have normal use of mental or physical faculties when driving
- Had the drug in their system proved through a blood test
- Was intoxicated due to the specific drug
What if an Individual Relies on Medication to Function?
Some people take medication to allow them to live and function normally. If they do not have the medication, they may not have the normal use of their mental or physical faculties. This could show that in some cases, the drug they take allows them to function normally even if the officer believed the individual does not have the normal use of their mental or physical faculties. If they do not have the normal use, and it is due to some other reason but not a drug or alcohol, they could be found not guilty.
This could happen in cases where people are sleepy or exhausted. The effects of the sleepiness could mimic intoxication. While a person may have taken a prescription drug, their lack of sleep, and not the drug, may have taken away their normal use of their mental or physical faculties. Driving when one is sleepy could be just as dangerous as driving when intoxicated and it is not recommended. At this point, it is not against the law. If one’s actions amount to negligence, there may be another law they could be prosecuted under.
A Prescription Drug DWI Attorney Could Help
Many people mistakenly believe if a drug is prescribed to them, they cannot be guilty of driving while intoxicated. Under Texas law, intoxication is defined as not having the normal use of mental or physical faculties by reason of alcohol or any drug, medication, or controlled substance. Anything a person takes, ingests, or smokes that causes them to not have the normal use of mental or physical faculties could cause intoxication.
If you are facing prescription drug DWI charges, contact an attorney today. A Fort Worth prescription drug DWI lawyer could advocate and fight for you.