Texas residents often think about driving under the influence of alcohol or illicit substances when the topic of facing a DUI comes up. However, as we at the Kyle Law Firm understand, you can face charges even for driving after taking a legal medication. Any substance that compromises your ability to drive a vehicle safely may result in authorities giving you a DUI, and these can include prescription or over-the-counter drugs.
As a Texas resident facing a possible conviction for driving under the influence, you may have concerns about how you might get to work, pay your fines and otherwise grapple with the potential repercussions associated with the act. While these matters are certainly worth considering, many people facing DUI or DWI charges forget that they may also face consequences for their actions that come from outside the justice system, such as those brought on by insurance providers.
If you have ever been pulled over on suspicion of drinking and driving, you may have been asked to submit to a roadside breath test. These devices are used by law enforcement officers in Texas and across the United States as a way to measure a driver’s blood alcohol content level. The problem lies in the fact that the blood alcohol content level read off of a breath test device may differ considerably when compared to the BAC level taken from an actual blood test. In some cases, the BAC level obtained from a breath test device may cause you to be mistakenly charged with a DUI.
If you were stopped and arrested for drinking and driving in Texas, your reputation and your wallet may be at stake. DWIs come with several intangible consequences, including but not limited to difficulty finding gainful employment, tarnished character, interrupted family life and other costs. They also come with a number of tangible consequences, the greatest of which is actual cost.
With marijuana legal for medical or recreational purposes in a number of states, the need has arisen for an easy, reliable test for marijuana impairment. Drug-impaired driving is still illegal in all 50 states, but the current blood and urine tests only indicate whether someone has used the drug in the past month or so. Since marijuana's "high" only lasts for a couple of hours, the tests come out positive in many cases where the driver is long past that "high" stage.
Law enforcement from Austin to San Antonio and across the state have been cracking down on drunk driving over the Fourth of July holiday period. Starting June 28 and continuing in some cases until July 15, Sheriff's Offices and the crackdown includes enhanced DWI enforcement, extra attention to speeding and seat belt violations, and "no refusal" breath testing initiatives in some parts of the state.
The plucky star of such hits as "Dodgeball: A True Underdog Story," "Wedding Crashers" and "True Detective" was recently pulled over near Los Angeles and arrested for drunk driving, along with resisting, delaying or obstructing officers. An unidentified male passenger was also arrested, charged with obstruction and public intoxication.
With legalized cannabis taking center stage over the past decade, it may come as no surprise that the number of drivers thought to have marijuana in their systems has risen substantially. At the same time, increased opioid activity has also driven up the number of people thought to drive with opioids in their system, according to a recent report by the Governors Highway Safety Association (GHSA).
A breathalyzer is a breathalyzer, right? You might be under the impression that all breath testing machines are the same, but they're not. Each one is manufactured for profit by a private company. Intoxilyzer, Breathalyzer, Alcotest, Intoximeter -- each brand must meet certain standards set by the National Highway Traffic Safety Administration, but the exact details of how they operate are considered the intellectual property of the producer.
The legal argument was creative, if not entirely convincing: After receiving his fourth driving-while-intoxicated (DWI) conviction, a San Antonio man filed an appeal that claimed Texas's drunk driving laws are unconstitutional because they discriminate against alcoholics.