Driving Under the Influence of Drugs


Driving while intoxicated (DWI) generally involves alcohol intoxication or intoxication from the ingestion of controlled substances/drugs. Driving under the influence (DUI), on the other hand, may refer to a minor who is under the influence of alcohol but not legally intoxicated. In Texas, the penalties for either DWI or DUI can be severe and place your freedom and your future at risk.

If you have been charged with driving while under the influence of alcohol or drugs, you need the Austin, TX DWI defense attorneys at Minton, Bassett, Flores & Carsey, P.C. We can assist you with your DWI or DUI case in Hays, Bastrop, Caldwell, Burnet, Comal, Travis and Williamson counties.

Call us today at (512) 476-4873 or contact through our online form.

Texas Impaired Driving Law

Even without test results showing a blood alcohol level (BAC), impairment can be established under Texas law by showing the driver lacked normal use of the driver’s physical or mental faculties.

This can be a problem if you are taking certain prescription drugs, and a law enforcement officer asks you to take a field sobriety test, such as the “Horizontal Nystagmus Test,” in which you are asked to follow the officer’s pen with your eyes. If your prescription medication causes your eyes to jerk during the test, the officer may conclude you are intoxicated. The “HGN” test is also often administered incorrectly or in conditions involving surrounding movement which can lead to erroneous results.

Because the arresting officer can use the field sobriety test results to claim you didn’t have normal use of your faculties, in order to defend against the charge you will need to document your prescriptions, your medical history and how much you drank and ate before you were stopped.

The skilled Texas criminal defense lawyers at Minton, Bassett, Flores & Carsey, P.C., have extensive experience helping clients charged with DWI or DUI. We know how to challenge field sobriety test results, and we will work with qualified experts to evaluate any prescription drugs you were taking at the time of your arrest in order to determine their impact on your driving.