DUI: Driving While High in Austin & Texas Law

Just like when a person operates a vehicle intoxicated by alcohol, driving a car while under the influence of drugs is illegal in all states in the U.S. You can get arrested for a DUI for driving on any drug including marijuana and legal prescription drugs. “According to the 2016 National Survey on Drug Use and Health, in 2016 11.8 million people drove under the influence of illicit drugs.”

A study done by the National Highway Traffic Safety Administration showed that “more than 18 percent of fatally injured drivers tested positive for at least one illegal or prescription drug in 2009.” Driving while under the influence of drugs is just as dangerous as driving drunk and is taken just as seriously by the law.

For this reason, law enforcement has ramped up DUI enforcement efforts in Austin, leading to many wrongful arrests. If you or a loved were wrongfully arrested in Austin for a DUI offense, contact The Law Office of Jackson F. Gorski as soon as possible.

Driving Under The Influence of Drugs In Texas


In the state of Texas driving under the influence of drugs is treated similarly to charges faced when arrested for driving a vehicle while intoxicated by alcohol. The Texas Penal Code defines intoxicated as “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.”

In the state of Texas, there is an implied consent for drug and alcohol tests if a police officer suspects you are driving while intoxicated. If you refuse to take a test, your refusal can be used against you and you can still face criminal charges. If an officer believes you are driving while under the influence and the blood or urine test comes up positive, then you will face Driving Under the Influence (DUI) charges.

According to Texas DPS, the white male population is the demographic that is arrested the most for DUI. Of the nearly 90,000 DUI arrests a year that take place in Texas, most of them are alcohol-related. Even with a decreasing drug abuse arrest rate, there are still thousands of people a year charged with driving under the influence of drugs in the state of Texas.

Criminal Penalties For DUI In Texas

The penalties you can face if convicted of driving under the influence of drugs are the exact same as DWI for alcohol charges in the state of Texas. Since there are no intoxication levels with drugs any proof of influence will get you the same penalties as driving with a blood alcohol content of 0.08 or higher will. In Texas, the penalties get worse if you get charged with more than one DUI offense.

For a first DUI offense, you can face 3 to 180 days in jail, up to a $2,000 fine and get your driver’s license suspended for 90 to 365 days. For a second DUI offense, a person can face 30 days to 1 year in jail, up to a $4,000 fine and get their license taken away for 180 days to 2 years. If someone is charged with a third DUI offense they can face a minimum of two years in prison, up to a $10,000 fine and 180 days to 2 years of their driver’s license being suspended.

In addition to fines and jail time, a person convicted of driving under the influence of drugs can be ordered drug/alcohol treatment and/or probation. During probation, the defendant will have to regularly report to a probation officer who will make sure they are completing everything they need to do as ordered by law. In DUI cases, people convicted are often ordered drug tests, treatment and community service.

Potential DUI Defenses And Your Rights

DUI for drugs cases can be hard to win because according to the law if drugs are found in your system while driving you can be considered intoxicated. However, some drugs such as marijuana stay in your system longer than they can intoxicate someone. In some cases, a person will be found not to be intoxicated while driving even though a drug test showed narcotics in their system. In other cases, the drug test may have shown a false positive, meaning that the test said there were drugs in your system when there wasn’t. If you hire a lawyer to represent you, then they will be able to tell you what your best defense can be.

Need A Lawyer In Austin, Texas?

Getting a DUI charge can be a difficult and life-changing process. Having a lawyer to represent you can save you time, money and lots of headaches. During the DUI conviction process there are many hoops to jump through with the court system and the department of motor vehicles. A lawyer will stand by your side and help you through all of the legal hurdles your DUI charge will throw at you.

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Fighting Allegations of Drunk Driving in Houston

Being accused of a DWI offense in Houston and to need a LAWYER is a serious matter to be taken very seriously. In Texas there is a current epidemic of drunk driving and law enforcement has taken notice, and have kept the public on notice, for years. A smart Houston DWI lawyer will be able to inform you of your rights if you’ve been arrested and charged with a DWI offense by the Houston Police Department or the Harris County Sheriff’s Office.

If you’re looking for a Houston DWI lawyer visit The Law Offices of Tad Nelson of Associates to learn more about some of the best DWI defense lawyers who are currently accepting new clients in the Houston area.

When a person is arrested for a DWI offense the police have to prove their case in the court of law. Due to the scientific biochemical nature of criminal cases in which Driving While Intoxicated is alleged, its important to be sure that you’re represented by criminal lawyers & attorneys who have honed their craft, and know what they’re doing.

 

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Consequences of Alcohol Consumption

A number of people don’t understand the consequences and potential health ramifications of using alcohol. In this article that was sharing, we’ve taken the time to point out some of the bad consequences involved with long-term alcohol use and alcohol is.

  • A few of the short-term effects involved with drinking alcohol are slurred speech, drowsiness, a persistence of nausea, and vomiting.
  • There’s a strong possibility that if you are drinking alcohol, and decide to drive, you can be suspected of DWI, stopped by police, and arrested for your crime.
  • Another few short-term effects of alcohol ingestion include an upset stomach, diarrhea, headaches, difficulties breathing, distorted vision, distorted hearing, and impaired judgment.
  • Another consequence of taking alcohol could be not only an arrest for DWI, but you may kill someone by accident as a result of operating a motor vehicle while under the influence of alcohol and/or drugs.
  • Blackouts are often reported by people who are either alcoholics, or used alcohol heavily.
  • In some cases, people who have drink too much alcohol become deathly intoxicated resulting in a comatose state on part of the individual.
  • Loss of red blood cells, also referred to as anemia, has also been linked to high alcohol consumption.
  • It has been found that among alcohol users there is a serious decrease and their perception and coordination.
  • There have also been reports of alcohol users randomly going into states of unconsciousness. This can explain why a number of people who use alcohol into falling asleep behind the will and killing entire families on as a result of their responsibility to control their liquor.
  • Memory lapses where the drinker is incapable of recalling recent events have also been reported by alcoholics and people who heavily indulge in alcohol consumption.

Source

10 consequences of drinking alcohol

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Texas Law for DWI Offenders Found Guilty

Houston, Texas is known for its size as sprawling mega-metropolis, friendly people, great restaurants, professional sports teams, and its lesbian mayor. Along with all those fine things about our great city is one other thing, the massive street & road network that runs throughout the city connecting localities like Galveston, League City, Sugar Land, The Woodlands, and Kingwood.

One of the main concerns of the Harris County Sheriff’s Office, The Galveston County Sheriff‘s, and the Houston Police Department, is public safety when it comes to dealing with people who are caught illegally driving under the influence of alcohol or other intoxicants in the Houston-Galveston area.

When people commit the criminal offense of Driving Under the Influence (DUI) the lives of innocent people are put at risk making these type of criminal offenses the prime targets of police in the Harris County region. There are stiff criminal penalties if you’re ever found guilty of DUI in Houston, or Galveston (State of Texas).

Criminal Penalties For DWI in Texas

1st DWI Offense

In Texas, the 1st DWI offense is normally charged as a Class B Misdemeanor so long as there isn’t a child in the car, an accident, injury, or death, was caused as a result.

Potential penalties include a county jail sentence of anywhere from 3-180 days, and a fine of up to 2000.00. In the event that a minor is in the vehicle, the criminal act of intoxicated manslaughter occurs, or a person sustains an injury, a felony criminal charge will apply.

DWI With a Minor On Board

If you are ever arrested for suspicion of DUI in Houston or Galveston, and you have a child in the vehicle, you will be charged as a felony regardless of the situation. The potential fine if you are found guilty can be up to 10,000.00 with prison time of anywhere from six months to two years to be administered by the Texas Department of Criminal Justice (TDCJ).

DWI Manslaughter

If you kill someone due to DUI, the punishment will be harsh if you’re found guilty in the court of law in the great state of Texas. Many people who find themselves caught up in the Texas criminal justice system for these type of cases often believe that Galveston, Houston, League City DWI specialist attorney Tad Nelson is an expert on DWI cases, and end up hiring the law firm as a result of “word of mouth” based on them being one of the best DWI law firms in the nation.

The reason – the criminal penalty for a person convicted of DUI Intoxicated Manslaughter can be a massive 10,000.00 (USD) fine, a second degree felony charge, and a gargantuan sentence of up to 20 years in facility operated by the Texas Department of Criminal Justice.

2ND DWI Offense

If you find yourself under arrest a 2nd time for “driving under the influence” in the state of Texas, and end up being convicted in the court of law, the penalties you will be facing are as follows;

  • A monetary fine/penalty may be assessed at an amount not to exceed 4000.00.
  • The jail time associated with a 2 DUI offense in Texas can be anywhere from a 30 days sentence to up to 1 full year in a Texas Department of Criminal Justice run prison facility.
  • Another criminal consequence is the loss of your Texas Drivers License. Suspension of the driving privileges of people convicted of DUI for the second time can range from anywhere from 180 days to two years. A long time to go without the permission to drive in my view. In a city like Houston, if you are barred from driving you have been effectively neutered.

3rd DUI Offense

A person who is convicted for Driving Under the Influence for a 3rd time is in serious trouble. The criminal penalties for a person convicted for a 3rd DWI-DUI offense in the state of Texas can be likened to that of a serial killer. We’ve listen the penalties below.

  • The fines get bigger. On a 3rd Offense DWI, you’re looking at a 10,000.00 fine. A hefty sum of money regardless of why it is needed.
  • State Penitentiary. A 3rd DWI-DUI conviction result in a minimum of 2 years prison time with a potential for a sentence of up to 20 years.
  • Last but not least, your drivers license will be suspended for up to two years. Not that you will need it in prison, but it is the law that your drivers license is suspended if you are ever convicted of a DWI, DUI, or drug possession.

Facing DWI Charges in Houston, Texas

The prospect of going to jail can be a tough one for most of us, and certainly nothing anyone wants to look forward to simply because they had a night of fun. If you do have to deal with a criminal case because you were arrested for DUI, talk with a Galveston or Houston DUI attorney with experience fighting Texas-DUI charges, a relationship with the players in the Houston criminal justice community, and proven strategies for beating DWI charges with a record to prove the value of said stratagem.

Galveston DWI Lawyer | Houston DUI Attorney

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One Night of Fun, A Lifetime of Regret

When they’re in the moment, people don’t usually take time to consider the possible consequences of their behavior. We all enjoy a night out with our friends from time to time, but what starts as a fun night of partying and drinking can be a recipe for disaster.

Recipe For Disaster

A moment of irresponsibility can change your life forever. 

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Getting behind the wheel of a vehicle while you’re intoxicated not only puts your life on the line, it puts the lives of innocent parties who are sharing the roadway with you at risk. However, death or serious injury are not the only possible consequences which can turn your life upside down if you get caught drinking while driving.

I once knew a professional woman, who was the assistant director of her department within a prestigious university. She was successful, attractive, intelligent, and to all who knew her, appeared to have a great life. Tragedy struck her life unexpectedly when one of her parents fell ill and then died.

The grief and anger that followed began to cause tension in her home life, so she began to spend a lot of time in bars drinking and partying. The combination of alcohol and fun with her friends numbed the pain she was experiencing from the loss of her parent.

The Reality Check

Very early one morning, the woman was driving home from a bar when she was pulled over by the police. They performed a field sobriety test and she submitted to a breathalyzer, which proved that she was well over the legal limit. What turned out as a night where she wanted to dull the pain of personal issues turned into a nightmare that would continue for years.

She was arrested and ended up spending a traumatic night in jail.

There were many tears shed, but all the tears and pleading and apologies in the world didn’t get her out of lock-up. When she was finally released the following morning, the woman went home and had to ashamedly face her husband and children.

The gravity of the situation set in, and she realized that she had to locate an attorney that specialized in DUI cases.

From that point, her life went downhill.  Once relatively well-off financially, the costs associated with her DUI began to chip away at her savings.  Unless you’ve been through it, you cannot even begin to imagine the tremendous financial burden involved with being charged with a DUI. Many thousands of dollars were swallowed up by attorney costs, court fees, fines, lost income and vehicle insurance rates that skyrocketed after her arrest.

But the devastation went much farther than financial loss. The woman was convicted, and now has a criminal record. She spent the next few years trying to hide her conviction from her employer. Due to the company’s policies, she feared that she would lose her job if her employer found out.

The stress of court appearances and appeals in the name of trying to keep from serving time, along with the financial burden, took a toll on her family life. It eroded her relationship with her husband and caused a rift with her children. Ultimately, this lead to many months of counseling to try to keep the family together. In the end, she was sentenced to two years of supervised probation, but the damage had already been done. The situation had taken such a toll on the woman’s mental health and wellness that her husband eventually filed for divorce and custody of the children.

Talk With an Experienced DWI-DUI Lawyer in Texas

If you find yourself in a situation where you’ve been arrested for a DUI, the most important thing you can do is to retain the services of an attorney that specializes in DUI cases like the Texas Board Certified expert DUI attorneys at The Law Offices of Tad Nelson & Associates. Although there will be consequences no matter what, it could mean the difference between serving jail time or getting off with probation.

Is one night of fun worth destroying your entire life? The reality is that no matter how responsible or how innocent our intentions are, we’re all human and we all makes mistakes.

One Night of Fun, A Lifetime of Regret

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What do I do if I’m stopped by police after drinking?

First and foremost – don’t panic and lose your temperament when stopped by police.

Be polite and respectful to the police and that will make any experience you have during that particular encounter, going forward, less stressful for you and the officer.

As the good lawyer said, keep your mouth closed and don’t make any admission of your involvement in any criminal offense. This includes admitting to the crime of driving while under the influence of drugs & driving while intoxicated. Most importantly, be polite and decent with officer. The last thing you need is repercussions for giving the public servant a hard time.

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If you have respectfully declined all attempts from the officer to get you to incriminate yourself and he keeps bugging you, ask him to allow you to contact your lawyer so he can direct his questions to correct party. Your lawyer is best qualified to speak on your behalf with the police, let them handle it.

What do I do if I’m stopped by police after drinking?

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A Look at Felony DWI Charges in Texas

It only takes one incident of being arrested for driving while intoxicated to garner life long detriment as a result. What this means is that you don’t have to continuously be arrested and charged with DWI to bring on lifelong repercussions for the criminal offense.

If you’re ever arrested for a DWI offense in the State of Texas, you’ll want to talk to a criminal defense lawyer with experience defending people against law enforcement’s allegations of driving under the influence of drugs or booze.

DWI Arrest

State Jail Felony

A State Jail Felony is committed when a person is charged with DWI while accompanied by a passenger who is under the age of 15.

In theory, a person could sit in jail, as punishment from 6 months to 2 years if found guilty of a Felony DWI with potential fines of up to 10,000.00.

As you can see, the State of Texas doesn’t play games when it comes to prosecution people who drive on our roads intoxicated. Lots of innocent people are killed annually as a result of a car accident that could have been prevented if the drivers on the road are sober.

If you are ever facing criminal charges for a DWI, hire a Texas DWI Lawyer that will be able to possibly beat the charges.

A Look at Felony DWI Charges in Texas

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Placed Under Arrest for a DWI in Houston? You’ll Need Help

Being charged from a criminal offense like DWI will require the assistance of good Houston attorney that knows the law, and scientific procedure as it relates to DWI charges. beer

Since there are a lot of innocent people who get killed on Texas roads as a result of intoxicated motorists, courts and juries harshly prosecute these criminal offenses.

If you do find yourself arrested for a Felony DWI, contact a a Texas DWI Defense Lawyer as soon as possible so you will have the best chance of winning your case in the court of law.

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