Fort Worth Drug DWI Attorney
Fighting DWI Charges in Tarrant County & Dallas County
DWI charges in Texas are taken very seriously. If you are convicted of a DWI, you will face very serious penalties, including jail time, fines, and license suspensions. If you are found to be driving while intoxicated by drugs (DWI), you will face even harsher penalties. The State of Texas takes a zero-tolerance policy toward drugged driving, and the penalties for a drugged driving conviction can be severe. Fortunately, there are legal defenses available to you depending upon your circumstances.
At The Texas Law Hawk, our Fort Worth drug DWI attorney has handled many DWI cases, and has a thorough understanding of the laws and procedures related to DWI cases in Texas. If you have been arrested for DWI due to drug intoxication, we can help. We have the legal skills and experience necessary to help you fight your charges and protect your rights. We can work to uncover any evidence that may be in your favor, and we will fight for you in court. Get started with a free case review today.
Have you been arrested for drug DWI in Tarrant County or Dallas County? Contact us online or at (817) 440-3953.
Defining Drug DWI in Texas
In the Lone Star State, Drug DWI, commonly referred to as "Drugged DWI," pertains to operating a motor vehicle while impaired by drugs, whether they are legally prescribed, over-the-counter, or illegal substances. The key criterion is impairment to the extent that your normal mental or physical faculties are significantly compromised.
The Scope of Drugs
Drug DWI charges in Texas encompass a broad spectrum of substances, including illegal drugs like marijuana or cocaine, prescription medications, and over-the-counter drugs. Even legally prescribed medications can lead to DWI charges if they impair your ability to operate a vehicle safely.
Establishing Impairment
Law enforcement officers employ various methods to assess impairment by drugs, such as field sobriety tests, observations of your behavior, and chemical tests, typically blood or urine tests, to determine the presence and concentration of drugs in your system.
A Fort Worth drug DWI attorney can challenge the reliability of these tests and determine if they were conducted properly, potentially leading to a reduction or dismissal of the charges.
Implied Consent
Much like in alcohol-related DWI cases, Texas enforces implied consent laws for drug testing. When you operate a motor vehicle on Texas roads, you implicitly consent to chemical testing if arrested for DWI. Refusal to undergo testing may result in license suspension.
Penalties for Drugged DWI
Penalties for Drugged DWI convictions in Texas can vary significantly based on factors like the type of drug involved, previous DWI convictions, and the specifics of your case. Potential consequences encompass fines, license suspension, mandatory drug education or treatment programs, probation, and, in severe or repeat cases, incarceration.
For a first offense penalties may include:
- Fines up to $2,000.
- Up to 180 days in jail.
- Suspension of your driver's license for a minimum of 90 days.
- Possibility of being placed on probation, requiring you to complete community service, attend drug education classes, and comply with other conditions set by the court.
If you have prior DWI convictions, the penalties for a drug-related DWI increase. Penalties may include longer jail sentences and higher fines.
Enhanced Penalties
Texas imposes heightened penalties for Drugged DWI offenses involving controlled substances or prior DWI convictions on your record.
How a Drug DWI Defense Attorney Can Help
In the event of a Drugged DWI charge in Texas, it is imperative to secure legal representation from an adept drug DWI attorney in Forth Worth. An experienced attorney can scrutinize the evidence, challenge testing procedures, and construct a tailored defense strategy for your case.
Effective defenses in Drugged DWI cases may include contesting the validity of drug test results, questioning the legality of the traffic stop, or disputing the officer's observations and field sobriety test outcomes.
Why Do I Need an Attorney for Drug Charges?
The state of Texas takes Drugged DWI charges very seriously. If you are found to be driving while intoxicated by drugs (DWI), you will face harsh penalties since the state takes a zero-tolerance position when it comes to drug DWI.
Bryan E. Wilson, The Texas Law Hawk, is dedicated to guiding you through the challenging terrain of Texas drug and DWI law. Safeguarding your rights, and working tirelessly to secure the best possible outcome for your case.
Remember, call (817) 440-3953 to contact an attorney who will to put your wellbeing and rights first.
WHY HIRE BRYAN WILSON, THE TEXAS LAW HAWK?
-
Focused
Aggression Bryan is a fierce advocate for his clients. -
Award
Winning Bryan’s peers recognize him as a top attorney year after year. -
Free
Consultations Every initial conversation is free - no cost, no obligation. -
Ready
to Fight Contact his office anytime, day or night.
The Drug DWI Process in Texas
The process for handling a Drug DWI case in Texas typically follows several key stages, and understanding these steps is essential for anyone facing such charges. Here is an outline of what to expect:
1. Initial Traffic Stop and Arrest
A police officer may pull over a driver if they observe erratic driving, speeding, or other signs that indicate potential impairment. If the officer suspects that the driver is under the influence of drugs, they will initiate a field sobriety test (FST).
This could include physical tasks such as walking in a straight line or following a pen with the eyes. If the officer believes the driver is impaired, they may arrest the individual and proceed with testing.
2. Field Sobriety and Chemical Testing
Once arrested, the officer will likely ask the driver to submit to chemical testing to determine if there are drugs in their system. In Texas, the most common tests are blood, urine, or breath tests. However, unlike alcohol, which is measured by a breathalyzer, drugs can be more challenging to measure in real-time.
A Fort Worth drug DWI attorney will review whether the testing process was done correctly and challenge any errors or issues with the testing procedures.
3. Arraignment and Court Proceedings
After an arrest, the individual will be arraigned in court, where they will be formally charged and advised of their rights. During this stage, they will also have the opportunity to enter a plea (guilty, not guilty, or no contest). If the individual pleads not guilty, the case will move forward to pre-trial hearings and, potentially, trial.
4. Pre-Trial Motions
A Fort Worth drug DWI attorney may file pre-trial motions to challenge evidence or suppress certain aspects of the case. For example, the attorney may argue that the police officer lacked probable cause to make the initial stop or that the field sobriety or chemical tests were improperly administered. If successful, these motions could lead to reduced charges, the exclusion of evidence, or even the dismissal of the case.
5. Trial
If the case proceeds to trial, the prosecution will attempt to prove the defendant was driving under the influence of drugs, while the defense will aim to cast doubt on the evidence presented. We can present challenges to the drug test results, question the reliability of the arresting officer’s testimony, and highlight any inconsistencies in the case. If the jury finds the defendant not guilty, the case will be dismissed.
6. Sentencing and Penalties
If convicted of a Drugged DWI in Texas, the penalties can vary based on the specific circumstances of the case. A Fort Worth Drug DWI Attorney can help negotiate the best possible outcome and work towards minimizing the consequences for the defendant.
The Importance of Hiring a Fort Worth Drug DWI Attorney
If you have been charged with a drug-related DWI, working with an experienced Fort Worth Drug DWI Attorney is essential. The legal process can be complicated and intimidating, and the consequences of a conviction can be long-lasting. A skilled attorney will carefully examine the evidence, challenge flawed or inaccurate tests, and fight for the best possible outcome in your case.
Fight back against drug DWI charges with the help of a trusted Fort Worth drug DWI lawyer. Schedule a free legal consultation by calling (817) 440-3953 or sending an email, and start building your defense strategy now.
