Texas Drugged Driving Charges
In Texas, an individual suspected of driving while intoxicated of drugs (DWID) can be charged with the same severity as someone suspected of driving while intoxicated of alcohol.
What’s the difference between a DUID and DWI In Dallas?
In a typical DWI case, the individual being charged is driving with a blood alcohol concentration of 0.08 percent or higher. However, there is no legal limit for illegal narcotics in Texas. So, in Dallas, you could be charged with a DWI of drugs for having any level of controlled substances in your bloodstream. Substances can include over-the-counter medications such as NyQuil or allergy medicine, prescription medications, marijuana, and harder drugs like cocaine or heroin.
DUID Penalties in Texas
The penalties for drug-impaired driving in Texas vary depending on the details of the case and any previous convictions against the accused. Some of the most common consequences include the suspension of their driver’s license, jail time, community service, steep fines, probation, etc.
It also matters how many times the defendant has had DUID charges raised against them.
First Offense DUID
If it’s a first-time DUID offense, the individual may face up to 180 days of jail time, loss of driving privileges for up to 1 year, up to $2,000 in fines, and a “superfine” of $3,000 for a first DUID conviction within a 36 month period or a $6,000 “superfine” if the blood alcohol concentration is 0.15 or higher.
Second DUID
A second DUID conviction is punishable by up to 1 year in jail, loss of driving privileges for up to 2 years, up to $4,000 in fines, and a “superfine” of $4,500 for a second or subsequent conviction within 36 months and $6,000 if the blood alcohol concentration is 0.15 or higher.
Third & Subsequent DUIDs
A third DUID or subsequent charges is punishable by up to 10 years in prison. A third DUID also results in the loss of driving privileges for up to 2 years, $10,000 in fines, and the “superfine” of $4,500 or $6,000 if the blood alcohol concentration is 0.15 or higher.
Apart from the direct DUID penalties in Texas, the individual convicted of a DUID in Texas may also face increased premiums on his/her car insurance.
Charged With Drugged Driving in Dallas? Call Mike Howard
The penalties for a DWI conviction in Texas also come with indirect consequences such as the loss of employment, reduced financial opportunities, a conviction on your record, and more. However, even if you’ve been charged with a DUID, it doesn’t automatically mean you’ll be convicted. Dallas criminal defense attorney Mike Howard has a reputation for fighting back, protecting your rights, and helping you beat your DUID charge.
From the moment you reach out to The Law Office of Mike Howard, you’ll be treated like an individual rather than a defendant. We understand how frightening facing a drug-related DWI under Texas law can be. Mike Howard provides a personalized, compassionate approach to every drugged driving defense. Our team genuinely values your time, energy, and trust.
Our Promise to All Our Clients
- A clear explanation of your case and your legal options.
- Your calls & messages are returned within one business day.
- We’re transparent and upfront about our pricing.
- We’ll craft a unique defense for your circumstances.
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Defending Against DWI in Dallas
You might feel overwhelmed when facing a DUID charge. However, attorney Mike Howard will guide you through the next steps, building your defense with the compassion you deserve and the attention to detail your case requires.
Defending against DWI charges requires skill and experience because it involves establishing doubt in the prosecution’s case. Here are some of the most common defenses for drugged driving in Dallas:
- The impairment occurred because of a mistake.
- The police cannot prove reasonable suspicion for pulling you over.
- The police failed to follow standardized field sobriety test
- Evidence was unlawfully obtained.
These are only some of the possible defense strategies for DUID cases. However, a strong defense can lead to fantastic outcomes. For example, acquittal, rejection of charges, diversion, dismissal, reduction of charges or deferred probation are all possible.
Please visit our results page to review our experience in DUID cases and our criminal defense resource center for more information about your rights and the legal process regarding drugged driving charges and more.
Dallas Drugged Driving FAQs
Will I Serve Jail Time for a DWI Conviction?
A DWI conviction can lead to jail time even for a first offense. However, the period served often changes based on the particulars of the case.
What Are the Consequences of a DUID Accident?
A DUID charge is serious enough. However, if you’re also charged with felony DUID involving serious accidents or injuries, the consequences will often be worse because the prosecution may use one case to exacerbate the penalties of the other.
If you’ve been charged with a DUID after an accident in Dallas, contact a defense lawyer as soon as possible.
Can I Refuse a Sobriety Test?
Field sobriety tests are not mandatory, but Texas implied consent law requires drivers to consent to sobriety tests when arrested for impaired driving. If you refuse it, you can have your license revoked.
Can I Get a Drugged Driving Charge Expunged?
Whether or not you can get a drugged driving charge expunged depends on the outcome of the case. If you were acquitted, the charges were dismissed, or you were found not guilty, you may be eligible to have the DUID charge expunged from your record. Expungement would completely clear the charge, allowing you to legally deny it ever occurred. However, if you entered a deferred adjudication program, you might not qualify for expungement but could still be eligible for an order of non-disclosure, which seals the record from public view.
Can a Dallas DWI Lawyer Help?
A Dallas DWI defense lawyer does more than defend your case in court. They’ll also represent your case and make sure you comply with all legal requirements. Much of the work entails talking to police officers, the prosecution, and other parties. Your Dallas attorney can also help you regain your driving privileges.
Start with a Case Evaluation
When you’re ready to take the next steps, Attorney Mike Howard is here to discuss your situation and design a plan to deal with DWI charges. Trust our experience, empathy, and ability to help put charges behind you. Reach out to a Dallas criminal defense attorney today.