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Can You Get a Prescription Drug DWI?

The term DWI, or “driving while intoxicated,” is typically associated with alcohol impairment.

However, DWI charges are not limited only to alcohol as a source of intoxication. Prescription drug DWIs are becoming more common in Texas, begging the question — can you get arrested for driving after taking medicine prescribed to you? Here’s what you need to know. 

Were You Impaired? 

Generally speaking, the degree of impairment is considered before its cause. Whether or not an officer can prove you were drinking after a traffic stop is irrelevant; if the officer believes you are impaired by any substance or otherwise unable to safely operate a vehicle, they have the right to make an arrest. 

How Prescription Medication Impairment is Measured 

Because a breathalyzer cannot test for the presence of drugs, the following tests are usually used to evaluate how intoxicated a driver is after a traffic stop: 

Field Sobriety Testing 

Field sobriety testing is one of the most commonly used tests to detect impaired driving by any substance. These tests are meant to assess balance, coordination, and the ability to follow instructions. If you do poorly on the tests, you are likely to be charged with a DWI. 

Roadside sobriety evaluations are notoriously inaccurate though, and many people who aren’t under the influence of any substances fail. You are not legally required to submit to field sobriety tests and it’s usually in your best interest to decline. 

Officer Observations 

When you’re stopped by a police officer, they’re constantly observing and evaluating your behavior for signs of impairment or criminal activity. If an officer observes slurred speech, marked drowsiness, bloodshot eyes, and other hallmarks of drug use, this can be enough to make an arrest. 

Blood Testing 

After your arrest, you will likely be transported to the police station or a medical facility where you can submit to chemical testing, usually in the form of a blood draw. You can decline chemical testing as well, but this is usually not in your best interest. The result is an automatic license suspension and refusing a blood test may not look the best to a judge and jury. 

Charged with Drugged Driving? Call a Lawyer Now 

If you were arrested and charged for driving while intoxicated by prescription medications, it’s important that you reach out for legal advocacy as soon as possible. Your rights, reputation, and relationships are on the line. Protect your future with the help of Fort Bend DWI lawyer Anthony R. Segura. Call now for your consultation at 281.240.3941. 

By : admin | December 26, 2019 | DWI

If I’m Arrested for a DWI, What Information Do I Have to Give Police?

Were You Arrested For Driving While Intoxicated?

If you’re arrested for driving while intoxicated, there’s certain information that you must provide to law enforcement officers. However, many people misunderstand exactly what they have to disclose and what is voluntary information that may be used against them. Here’s what you need to know about your rights after a DWI arrest and what to do next. 

Your Identifying Information 

If you are stopped by a police officer in any state in the U.S. and are asked for your identification, you must provide it. You do not have to be suspected of committing a crime, however, most law enforcement officers aren’t spending their time doing random identification checks on the sidewalk. 

However, this does mean that you cannot decline to provide your identifying information or withhold it in any way, which generally includes your name, birth date, and address. 

Your Registration and Proof of Insurance 

As standard in any motor vehicle stop, whether for suspected drunk driving or another infraction, you must provide police with proof of insurance and registration. However, if you do not have these, you are generally only issued a ticket, which may be dismissed if you are able to show proof that you did have insurance coverage and your car was registered on the date you were stopped. 

Your Blood Alcohol Content 

Under implied consent laws, which are signed and agreed to when you get your driver’s license, you must submit to a blood alcohol content (BAC) test if requested. While you can technically decline to do so, you will receive an automatic license suspension. 

Typically, it is your best interest to abide by implied consent and submit to a blood, urine, or breath test as requested. You may be able to request a certain type of test — e.g. a blood test so split testing can be done and your attorney can send one blood sample to an independent lab of your choice. 

What Information Can You Withhold? 

The above two categories of information are all that you are legally required to provide when you are arrested. You do not have to provide any other information, although law enforcement officers will often use intimidation tactics to make you believe you legally have to answer their questions. 

You can, and generally should withhold information from law enforcement officers about: 

  • Where you came from 
  • Where you’re going 
  • When you last had a drink 
  • If you’re intoxicated 
  • If you’ve been using drugs 
  • If you have drugs in the car 
  • If you know why the officer pulled you over 

Contacting a Fort Bend DWI Lawyer 

Don’t wait to reach out to an experienced Texas criminal defense attorney if you were charged with driving under the influence of alcohol. Anthony R. Segura has extensive experience working with individuals charged with DWI and other crimes and works hard to clear their names. Call today for a consultation at 281.240.3941

By : admin | November 25, 2019 | DWI

What Is a DWI Sentence Enhancement?

If you were arrested for driving while intoxicated, you may be charged with other crimes as well depending on the circumstances. These are often called sentence enhancements, which usually means that you stand to incur greater penalties. Here’s what you need to know. 

 

Child Endangerment Charges 

 

If you were arrested for a DWI and there was a child in your vehicle at the time, you will likely also be charged with child endangerment. This is a state jail felony in Texas, which results in up to two years in prison and/or up to a $10,000 fine. Your driver’s license will also be suspended for a minimum of 180 days. 

 

Reckless Driving 

 

Speeding excessively, swerving, or otherwise driving recklessly can also result in another charge in addition to the DWI. Reckless driving is generally considered a misdemeanor, but can tack on an extra few hundred dollars and a couple more months in jail if convicted. 

 

BAC Over 0.15

 

If your BAC, or blood alcohol content, was extremely high at the time of your arrest, you may also incur additional penalties. In Texas, as well as most other states, the legal cutoff for a BAC reading is 0.08% — a fraction higher usually leads to an arrest. If it’s much higher, however, you could face additional jail time and fines. This can be charged along with any other DWI sentence enhancement, meaning that the penalties stack up the more serious your circumstances are. 

 

Accident Related Charges 

 

A DWI that causes an accident or injury often leads to a slew of other charges, all of which can be levied against you at the same time. If you caused an accident and fled the scene, you may be charged with leaving the scene of a crime. If the accident caused one or more people to lose their life, you may be charged with manslaughter. Manslaughter in particular is severe, carrying with it between 2-20 years in jail and fines of up to $10,000. Anyone injured or the families of anyone killed in the accident may also be able to bring a civil suit against you for damages. 

 

Arrested for a DWI in Texas? Call Today 

 

If you were charged with driving while intoxicated, it’s critical that you get legal help as soon as possible, especially if you were charged with additional crimes like manslaughter or child endangerment. Contact Fort Bend DWI lawyer Anthony Segura today for a consultation to discuss your case at 281.240.3941. 

By : admin | September 27, 2019 | DWI

What Is a DWI Arraignment?

If you’re arrested for drunk driving, you’ll have to appear at an arraignment. Here’s what you can expect at a DWI arraignment and how to get help defending your rights under Texas law. 

 

DWI Arraignment Basics 

 

Essentially, a DWI arraignment is the first court appearance after being arrested for drinking and driving. This is when you are formally charged and usually occurs just a few days after the initial arrest. Any delay in arraignment may be considered as a violation of the Constitutional right to a speedy trial. 

 

What Happens During a DWI Arraignment? 

 

During a DWI arraignment, you’ll be: 

 

  • Formally read the charges against you. This could include other charges, such as reckless driving or drug possession. 
  • Asked if you have an attorney to represent you. If not, the court will appoint one to you. 
  • Asked how you plead to the charges. Usually, you’ll plead guilty, not guilty, or no contest. 
  • Informed of your bail amount. The judge will set your bail and at this time, your attorney can argue to lower your bail if set at an unreasonable amount. 
  • Given copies of initial discovery information. This is most often just the police report and chemical test results, but may include other initial pertinent documentation. 
  • Informed of your next court date. The judge will set the date for the next court appearance; take note, it’s not optional to attend. 

 

How to Prepare for an Arraignment 

 

While it’s impossible to know for certain what will happen at your arraignment, you can do several things to prepare, such as: 

 

  • Arriving 15 minutes early 
  • Checking in with the court clerk or bailiff 
  • Responding immediately when your name is called 
  • Admitting if you don’t understand the charges and asking the judge for clarification (this is not an admittance of guilt) 
  • Deciding beforehand what your plea will be after considering the evidence with the help of your lawyer

 

Dress well when you go to your arraignment and make sure you’re clean and well-groomed. Don’t wear too much makeup or cologne; it’s important that you appear calm and professional. 

Do You Need an Attorney Before or After a DWI Arraignment? 

 

In the best-case scenario, you begin working with a DWI attorney as soon as possible after your arrest. If you wait until after your arraignment to hire a lawyer, this can make your case harder to fight. Contact experienced Fort Bend DWI attorney Anthony Segura today for more information by calling (281) 240-3941. 

By : admin | August 30, 2019 | DWI

What Happens In a Texas DWI Arrest?

Protect Your Rights During A DUI Arrest

A DWI arrest is something most people don’t expect when they get behind the wheel of their car, but if you’re charged with a crime, knowing what to do next can be a lifesaver. Here’s what to expect during a Texas DWI arrest and how to get help protecting your rights. 

You’re Patted Down

At the beginning of an arrest, the police officer will ask you to get out of your car and submit to a search of your person to check for weapons, drugs, and other contraband. Don’t agree to a search without first confirming that you’re under arrest; you do not have to get out of your vehicle otherwise. 

Your Car Is Searched 

Next, your vehicle will be searched by police officers once you’ve been detained. Or, if officers haven’t obtained enough evidence against you for an arrest, they may ask you to sit on the side of the road while they perform the search. 

You’re Booked

After arriving at the police station, you’ll be booked and will be required to submit your photograph, fingerprints, and other identifying information. 

Charges Are Filed

Then, you’ll be informed of what charges are being filed against you. For example, you may not know that police officers found contraband in your vehicle after you were detained and you may only learn about these charges later when they’re formally read. If you’ve not been notified of the charges against you within 72 hours of your arrest, your attorney may file what is called a writ of habeas corpus to determine if you’re being held lawfully. 

You’re Arraigned

The last step in a DWI arrest is the arraignment. This is where you are allowed to enter your plea of guilty, not guilty, or nolo contendere (no contest). By the time you are arraigned, you should have been able to post bail and are no longer in police custody. 

When to Call a Fort Bend DWI Attorney

Don’t wait after being arrested for driving while intoxicated to reach out to an experienced Texas DWI attorney. You need aggressive, experienced legal advocacy to ensure that your rights are protected throughout each stage of the criminal process. Fort Bend DWI lawyer Anthony Segura has the skills and expertise needed to provide you with zealous support from the start of your case to the final verdict. Call today for a consultation at (281) 240-3941. 

 

By : admin | July 31, 2019 | DWI

What Are Common Charges That Accompany a DWI?

If you’re stopped on suspicion of drinking and driving, you may be charged with something else, too. Here’s what you need to know about the common charges that often go along with DWI charges. 

Open Container In Texas

Like most other states, you cannot have an open container of alcohol in the cab of your vehicle in Texas. You do not have to be operating your vehicle to be charged with an open container violation. This means that even if your vehicle is parked and you have no intention of driving it at all, you could still be arrested. 

Possession 

If you’re arrested for drinking and driving, the police will search your vehicle to look for other types of contraband like marijuana or illegal weapons. If law enforcement officers find drugs in your car, you will most likely be charged with possession according to the type of drug and the amount in your possession along with your DWI charge. 

Paraphernalia

Along with the possession of drugs, police will also be looking for paraphernalia. In the state of Texas, simple possession of paraphernalia is a Class C Misdemeanor, which will be added to your DWI charge if you’re arrested. However, if police believe you are distributing or are in possession of paraphernalia with the intent to distribute, you could be charged with a Class A Misdemeanor, which carries a higher fine and jail time. 

Reckless Driving 

Often, individuals charged with a DWI will also find themselves charged with reckless driving. Texas law defines reckless driving as the operation of a vehicle in a way that willfully and wantonly disregards the safety of others. For example, going 20 mph over the posted speed limit could be charged as reckless driving. It’s considered a misdemeanor and carries up to a 30-day jail sentence and up to a $200 fine. 

Arrested for a DWI? Contact a Fort Bend DWI Lawyer Today 

If you’ve been arrested for a DWI, it’s important that you contact an experienced drunk driving attorney in Fort Bend as soon as possible. This becomes even more critical if you were also charged with reckless driving, an open container violation, or any other crime. Anthony R. Segura is a seasoned DWI lawyer dedicated to helping residents of Fort Bend and surrounding areas in Texas overcome criminal charges with harsh penalties. Call today for a consultation to discuss the details of your case at (280) 240-DWI1. 

By : admin | June 29, 2019 | DWI

Do You Have to Take a Roadside Sobriety Test in Texas?

If an officer pulls you over because they believe you may be driving under the influence of alcohol or drugs, you’ll likely be asked to perform field sobriety tests, often called roadside sobriety tests. Here’s what you should understand about sobriety tests and if you have the right under Texas law to say no. 

What Are Roadside Sobriety Tests? 

Roadside sobriety tests are a collection of three tests that are designed to help an officer determine if a driver is intoxicated or not. During the tests, officers are looking for signs of impairment, including slurred speech, poor balance, difficulty remembering test instructions, and more. Here are the three standard roadside sobriety tests used in Texas: 

Walk & Turn Test 

During a walk and turn test, the officer will usually ask you to walk along a line for ten steps, heel-to-toe. Then, the officer asks you to pivot and walk back along the same line for ten more heel-to-toe steps. 

Horizontal Gaze Nystagmus Test 

When a person is under the influence of drugs or alcohol, their eyes may develop temporary nystagmus, or a horizontal “shaking,” especially when looking to the sides. An officer will usually ask you to follow a light or another object with your eyes only, without turning your head. 

One-Leg Stand Test 

The one-leg stand test involves you elevating your leg in front of you with your foot outward and holding it a short distance above the ground while maintaining your balance on the other leg. This test is performed for several seconds. 

Your Right to Decline a Roadside Sobriety Test in Texas 

In Texas, you have the right to decline a field sobriety test. Police officers typically won’t offer up that information and may even suggest that you have to take the test. You do legally have to submit to chemical testing (usually with a breathalyzer) or your license will be suspended, but roadside sobriety tests are not included. 

It’s typically in your best interest to decline field sobriety testing. There’s no risk your license will be suspended, and chances are high that because the tests are highly subjective and largely inaccurate that the results will not be in your favor.  

When Should You Contact an Experienced Criminal Defense Attorney? 

If you’ve been arrested for driving under the influence, don’t wait to contact a criminal defense lawyer. This is especially true if you took a field sobriety test and failed. An attorney can help you challenge the results and validity of sobriety tests. Call Fort Bend DWI lawyer Anthony R. Segura for a consultation today at (281) 240-3941. 

By : admin | May 28, 2019 | DUI

What Happens with My Third DWI or a Subsequent Offense?

Multiple DWI Offenses

No one wants to see those flashing blue lights in the rearview mirror. But your anxiety can get even worse if you have already been tried and convicted for a previous DWI. No doubt that you have questions and concerns if this is a third DWI or even one beyond that in Texas. What is on the line is very serious and requires your immediate attention.

If you do not get help from a lawyer for your third DWI, you will be facing very stiff penalties and problems. Make sure you take your case as seriously as the prosecution is and get help for these charges.

A third DWI offense in the state of Texas occurs when a person has already been twice convicted of DWI allegations.

Implications Of A Third Offense DWI

Because a third offense implies that a person has a history of drinking and driving and potentially putting others at risk for accidents and injuries, it is important for anyone who is accused of their third DWI offense to recognize the severity of this situation and to consult with an attorney immediately. This third-degree felony can result in:

  • Disqualification from voting.
  • A prohibition against possessing a firearm.
  • A fine as high as $10,000.
  • Between two and ten years in jail.
  • Driver’s license suspension that could be extended as long as two years.
  • A surcharge fee every year for three years in order to retain your driver’s license.

When a jury learns about a third DWI allegation, the information presented by the court suggests that the defendant has a propensity or habit of driving while intoxicated. With a third DWI, however, this is more serious than the second DWI allegation.

This is because the jury may be informed of two previous DWI convictions which suggest that the defendant is likely to have been guilty of the additional charge even if that is not necessarily the case. Because of the many factors involved in developing a comprehensive defense strategy for a Texas DWI allegation, you need to be prepared to consult with a Fort Bend DWI Attorney as soon as possible after you’ve been accused.

 

By : admin | April 28, 2019 | DWI

What’s the Real Cost of a Texas DWI?

DWI Charges: What You Need To Know To Financially Prepare Yourself

Your first thought after a Texas DWI could be how much it might cost to pay your fines. There are other costs for not only defending your charges with the help of a lawyer but also in possible issues if you end up convicted. The sooner that you hire a lawyer, the better you can position yourself to fight back.

Anyone who faces DWI charges in Texas knows that there is going to be some costs on the line, even if they are successful and have the charges dropped entirely. A DWI in Texas can cost a lot more than you’re expecting, but it does make sense to invest the extra money in an experienced DWI defense attorney. Many defendants are not prepared for the high and true cost of a DWI conviction, which can be substantial even for first-time offenders.

What Are the Total Costs?

The total cost for a first time DWI conviction can reach up to $15000. As someone accused of a DWI, it is in your best interests to retain a lawyer. Many people might be concerned about whether or not it makes sense to lay out the extra money for an attorney, but this person could protect you from other associated costs. Some of the most common expenses linked to a DWI conviction in Fort Bend include probation fees, attorney fees, court fees, punishment fines, impound lot fees, restitution fees, increased insurance rates, the cost of bail, and ignition interlock installation fees.

Finding the Right Lawyer for Your DWI

You will certainly want to hire an attorney in Fort Bend who has a focus on DWI cases, although the cost of this attorney can vary significantly. The background experience of your DWI attorney and the specific details of your case will influence the cost. However, you might not be able to afford the consequences of a conviction on your record without attempting to fight it off. The cost of a DWI in Fort Bend can be shocking, but the long term consequences, such as higher insurance rates and having this conviction on your record can be far worse.

 

By : admin | March 30, 2019 | DWI

What Happens After my Third DWI in Texas?

Multiple DWI Convictions In Texas

Being arrested and convicted for any crime more than once has the potential to cast a shadow over your reputation and your future. It’s hard to argue that a mistake was made in your DWI case in Texas if you’ve already been convicted twice before, which makes it more important for you to hire an attorney to help you with this process.

Have you already been previously convicted of DWIs in Texas? You must have a heightened awareness about the implications of a subsequent DWI arrest because another conviction on your record could come with significant consequences. DWI is also known in the state of Texas a driving while intoxicated. You can face a number of different problems with simply being accused of DWI, in addition to damaging your vehicle, losing your right to drive, hurting yourself or another individual, or even death.

History Of DWI Records In Texas

Going through your third DWI can be scary especially because it is likely that the court assumes you are guilty because you have previous DWI records. Texas laws are extremely strict by the time that you hit your third offense for driving while intoxicated. These include enhanced penalties such as:

  • More community service.
  • Larger fines.
  • Having a felony on your record.
  • High likelihood of prison and jail time.
  • Allegations that you have a substance abuse problem.

Identify The Issues In Your Case

There are many different issues related to your charge of a third DWI, such as whether or not you’ve had substance abuse treatment in the past, how often you use alcohol or drugs, and what situations caused you to be convicted of previous DWIs. Your experienced Fort Bend DWI lawyer can help you identify what kind of support is available for people in your position.

This can include going to a rehab center and detox treatment. If the court believes that you have substance abuse problems you need to be prepared for how you will respond to this and to outline a plan of treatment to avoid potential consequences. The stakes are high in a third DWI offense in Fort Bend and you need to retain an attorney who can help you.

 

By : admin | February 22, 2019 | DWI
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