Can I Be Charged With DWI in Texas Even If I Am Not Drunk?

 Posted on March 26, 2020 in DWI

Even though you may not have had an ounce of alcohol all day, it is still possible to be pulled over by a police officer who accuses you of driving while intoxicated (DWI). You may believe you are safe from any criminal charges; however, if you recently consumed something else that might have impaired your driving, you may face legal consequences. This is because in Texas, to meet the requirements for a DWI charge, a driver does not necessarily have to exceed the legal limit of .08 percent blood alcohol concentration (BAC). If you are operating a vehicle and do not have full use of your physical and mental abilities due to the effects of a controlled substance, then you may still be charged with a DWI, such as a prescription drug DWI.

Other Causes of Impairment

Alcohol is not the only substance that can cause intoxication and impair your ability to drive. For instance, any of the following could contribute to a weakened capacity for driving in Texas:

• Prescription drugs, especially those with side effects disruptive to operating a motor vehicle

• Illegal drugs, including marijuana

• Hemp and hemp-related products that contain CBD

Nonalcoholic DWI Defense Strategies

Particularly in the case of prescription drug DWI, there are several ways to challenge the charges and obtain a more favorable resolution, including:

• Suggesting field sobriety tests were inaccurate—Depending on the situation, the sobriety tests might be inadmissible or at least less convincing. For instance, there might have been distractions on the road, the weather conditions might have made it difficult to accurately judge the tests, or the testing may not have been administered correctly.

• Proving there was no impairment—If the arresting officer does not have adequate or strong proof of your impairment, your lawyer might establish other behaviors before, during, or after the pullover that implies you had full control of your physical and mental functions.

• Offering witness testimony—If there were other passengers in the car with you, they can attest to your lack of impairment. Their testimony could contradict a police officer’s allegations.

• Affirming responsible medicating—The prosecution might argue that you were using too much of a prescription drug. Your lawyer can respond to these claims by illustrating that you are responsible when using your medicine and prescribed doses.

• Reducing charges—One of the most common results of nonalcoholic DWI cases is a reduction in charges. If your lawyer can convince the court that your problems with driving had nothing to do with impairment caused by any substances—illegal or otherwise—then your charges may be reduced to reckless driving, which carries a lesser penalty if convicted.

Contact a Collin County DWI Prescription Drug Lawyer

Alcohol is not the only substance that can lead to a DWI charge in Texas. If you or someone you know has been accused of prescription drug DWI or a DWI that is unrelated to alcohol, you should seek the counsel of a skillful Frisco DWI defense attorney. At the Law Offices of Biederman & Burleson P.L.L.C., we will employ the best strategies for your case to achieve the best possible outcome. Call us today at 469-333-3333 to schedule a free consultation. 

Sources:
https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm
https://www.txdot.gov/inside-txdot/division/traffic/safety/sober-safe/intoxication.html
https://abcnews.go.com/Health/texas-mulls-dwi-lite-category/story?id=12174141
https://www.tabc.state.tx.us/enforcement/texas_dwi_laws.asp