Driving while intoxicated (DWI) not only refers to drunk driving but also including driving under the influence of drugs or other controlled substances. To determine whether you have committed a controlled substance DWI Texas offense, the police officer may ask you to submit to a drug test.
These tests are often performed by DREs (Drug Recognition Experts), and the results can support the initial observations or suspicions of the arresting officer that you were driving under the influence of a controlled substance or a drug. However, if you are arrested for a drug DWI offense, or have even tested positive for some type of controlled substance, it will not automatically mean a conviction.
Your controlled substance DWI Texas defense attorney could establish credible defenses or identify some mitigating factors that could lead to the dismissal of charges or at least reduced charges.
Which Drugs are called Controlled Substance?
If you were arrested for driving under the influence of one of the following drugs, you may be charged with controlled substance Texas DWI. However, these are just a few of the commonly involved substances:
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Cocaine
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Amphetamine
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Methylenedioxymethamphetamine (MDMA)
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Methamphetamine
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Methadone
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Psilocybin Mushrooms
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Opium
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Morphine
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Ketamine
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Heroin
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Lysergic Acid Diethylamide (LSD)
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Hydrocodone
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Flunitrazepam
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Dextromethorphan (DM or DXM)
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Gamma-Hydroxybutyric Acid (GHB)
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Oxycodone
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Phencyclidine (PCP)
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Mescaline
You should be aware that being under the influence of a controlled substance while driving and testing positive for it at the time of arrest are two different things. Controlled substances can often leave their traces in your body system for many days or weeks following their consumption.
Your controlled substance DWI Texas defense attorney can try to establish in some situations that you tested positive at the time of the arrest when the effects of the substance had completely disappeared. According to the law, you can be convicted of drug DWI, only if the drug caused impairment of your faculties or rendered you unfit to drive safely.
Penalties in Texas for Controlled Substance
The severity of penalties for a controlled substance DWI Texas conviction will depend on your previous criminal record.
1st Offense
This is treated as a Class B misdemeanor. Penalties may include jail time of up to 180 days, up to $2,000 in fines, and up to one-year suspension of driving privileges. An additional Texas DPS Driver Responsibility Charge for 3 years will have to be paid annually ($1,000 to $2,000).
2nd Offense
This is considered a Class A misdemeanor. Penalties may include imprisonment for up to one year, up to $4,000 in fines, and up to two years suspension of driving privileges. An additional Texas DPS Driver Responsibility Charge for 3 years will have to be paid annually ($1,000 to $2,000).
3rd Offense and Subsequent Ones
This will be a third-degree felony, which will have more severe penalties. You may face jail time of up to 10 years, up to $10,000 in fines, and up to two years suspension of driving privileges. An additional Texas DPS Driver Responsibility Charge for 3 years will have to be paid annually ($1,000 to $2,000).
Contact a Controlled Substance Texas DWI Defense Attorney Today
If you are facing controlled substance DWI charges in Texas, the skilled attorneys at Flood & Associates will work hard to build a robust legal strategy to defend you. Talk to us at 713.224.5529 for a free case review or write to us online to set up a free consultation.
