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A discussion on drugged driving requires we utilize the definition of “Intoxicated” as set out in the Texas Penal Code. “Intoxicated” means:
(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body
The definition of “Intoxicated” merely references the introduction of a drug without further explanation of the definition of “drug” or what level of a drug determines Intoxication. Unlike alcohol, drugged driving does not have a per se limit.
Instead, it requires the proof of the defendant “not having the normal use of mental or physical faculties by reason of the introduction of the … drug.”
The prosecution may attempt to prove that you were intoxicated by:
- Introducing video of the cars movement prior to the officer pulling over the vehicle,
- The officer’s testimony of how the driver smelled, any statements made, and observations of appearance,
- Standardized Field Sobriety Tests, and
- Video of the driver in the patrol car and jail after arrest.
This level is more difficult for the prosecution to prove than a per se limit. However, although more difficult, a blood test indicating that the defendant was on or had recently been on drugs requires the knowledge of an experienced DWI attorney to increase the chance of a more preferable outcome.
Proven Defense by a Former Law Enforcement Officer
Many people who are charged with an Austin DWI just assume there is no way to fight it. They think the best they can hope for is a smaller fine or a reduction in the amount of time they lose their license. We focus on defending anyone accused of a DWI. With the right legal counsel, there are other outcomes. Depending on the facts of the case, what if…
- Instead of months of suspension, you don’t lose your license at all?
- Instead of making a deal for probation, you never get convicted?
- Instead of having a DWI conviction, your record stays clean?
- Instead of cutting bad deals, you get a vigorous DWI defense?
While every case depends on the facts and circumstances at play, mounting an aggressive defense to DWI charges may be your best option. The Austin Criminal Defense attorneys at Stephen T Bowling, P.C., handle all drunk driving cases, defending clients in both the criminal proceedings and driver’s license hearings.
Don’t trust just anyone with your DWI defense. Contact the law firm of Stephen T Bowling, PC, by e-mail or call us at 512-599-9000 to schedule your free consultation with an Austin DWI lawyer to discover some strategies we pursue in defending Austin Driving While Intoxicated cases.
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