Month: December 2019

Texas Laws About Prescription Drugs and Driving

Thursday, December 26, 2019

Driving while intoxicated (DWI) in Texas does not only refer to driving after drinking alcohol. It also refers to the crime of drugged driving. Driving under the intoxicating influence of any drug – even prescription medications – is against the law in Texas. If you operate a motor vehicle after taking a prescription drug that interferes with your ability to safely drive in Texas, you could get a DWI and face substantial penalties. You could also cause a serious car accident and life-changing personal injuries. Be careful what you take before driving.

Texas Penal Code 49.04: DWI Law

Texas’ DWI law is found in Texas Penal Code 49.04. This law defines intoxication as the loss of the normal use of physical or mental faculties from any substance, including alcohol, drugs, dangerous drugs or a combination of substances. Intoxication also refers to having a blood alcohol concentration (BAC) level of 0.08% or higher. The loss of normal use of faculties could refer to significant changes, such as falling asleep behind the wheel, or smaller changes that still impact the ability to drive, such as impaired judgment and slowed reaction times.
Penal Code 49.10 goes on to say the defendant’s lawful use of a substance is not a defense to a DWI charge. It does not matter if a person is 21 and legally allowed to drink or if the driver had a prescription for the intoxicating drug. Driving under the influence of any substance that impacts a driver’s faculties meets the definition of the crime of DWI, regardless of whether the person lawfully consumed the substance. Having a legal right to consume a prescription medication does not give a patient the right to drive if the drug impairs his or her faculties.
According to Texas penal law, the crime of driving while intoxicated is a class B misdemeanor. The minimum jail term for a DWI is 72 hours. A DWI with an open container charge comes with a minimum confinement term of six days. DWI with a BAC of 0.15% or higher is a class A misdemeanor with a minimum confinement term of 30 days. Upon conviction of DWI, an individual will also need to pay $2,000 to $10,000 in fines depending on the level of the offense. Other punishments include community service and driver’s license suspension.

Dangerous Prescription Drugs for Drivers

Avoiding a DWI charge is a good reason not to drive intoxicated, but your top priority should be safety. Driving under the influence of a prescription drug that impairs your ability to safely drive could put yourself and others at risk of serious injury. If you cause an accident while under the influence, you could face even more severe criminal charges, such as intoxication manslaughter. Even if you did not realize a prescription drug would intoxicate you, you could be civilly liable for the car accident, injuries and deaths you caused behind the wheel. Avoid taking potentially intoxicating prescription medications if you know you need to drive.

  • Allergy medications
  • Antidepressants
  • Anxiety medications
  • Cold medicines
  • Cough syrups
  • Diet pills
  • Drugs containing codeine
  • Melatonin or sleeping pills
  • Painkillers
  • Stimulants
  • Tranquilizers

Ask your doctor how a prescription medication might impact your ability to drive. Read the possible side effects thoroughly. The first time you take a new drug, do not drive or operate heavy machinery. Find out how the drug affects you first. You may feel drowsy, disoriented, confused, anxious, stressed, dizzy, slow, nauseous or something else that could make it difficult to safely control your motor vehicle. Never combine alcohol with any prescription medication. When in doubt, stay home or arrange a safe ride to your destination rather than getting behind the wheel. You could prevent an accident and/or a DWI charge by not driving under the influence of a prescription drug.

Posted by Aaron Herbert at 2:00 pm

Holidays With the Most Drinking

Monday, December 23, 2019

While it is normal to want to celebrate holidays such as Christmas and New Year’s Eve with alcohol, make sure you are imbibing safely. These are two of the booziest holidays, according to Alcohol.org. Whether you drink alcohol or not, it can pose a health and safety hazard to you this holiday season. Drunk drivers, alcohol poisoning and physical assault all increase this time of year due to holiday parties and establishments that serve alcoholic beverages. As each holiday rolls around, the car accident attorneys at the law firm of Aaron A. Herbert want to remind the people of Dallas to keep alcohol safety in mind to prevent regrettable accidents.

Holiday Drinking Statistics

According to a survey of over 1,000 Americans, Mardi Gras (Fat Tuesday) is the holiday with the most drinking of alcoholic beverages. Mardi Gras, the Tuesday before Ash Wednesday, marks a day to indulge before the beginning of the Christian Lent season. Based on the survey, the average person drank 4.5 alcoholic beverages on Mardi Gras. This placed Mardi Gras at the top of the list of Top 10 Booziest Holidays. New Year’s Eve came second – also a day before the start of new resolutions. It would appear Americans imbibe the most to make up for giving something up the following day.

  • Mardi Gras: 4.5
  • New Year’s Eve: 4.4
  • Patrick’s Day: 4.2
  • Fourth of July: 3.8
  • Halloween: 3.5
  • Cinco de Mayo: 3.5
  • Memorial Day: 3.3
  • Labor Day: 3.2
  • Winter holidays: 3.1
  • Thanksgiving: 2.7

Men most associated St. Patrick’s Day with drinking alcohol, while New Year’s Eve was the holiday women most associated with booze. New Year’s Eve came in at the top in terms of holidays for binge drinking for both men (47%) and women (40%). Binge drinking refers to consuming five or more drinks in two hours for men and four or more drinks for women. The top alcoholic beverages consumed over the winter holidays are champagne, wine and beer. Binge drinking increases the risks of issues such as alcohol poisoning and drunk driving.

Drunk Driving Increases Over the Holidays

With increased alcohol consumption comes a corresponding spike in drunk driving accidents over the holidays. Driving while intoxicated (DWI) is a dangerous crime that takes thousands of lives each year. Your odds of getting into a DWI accident increase over the holidays, even if you are 100% sober as a driver. According to the U.S. Department of Transportation, an average of 300 people lose their lives in DWI accidents the week between Christmas Day and New Year’s Day alone. A shocking 781 people died in DWI crashes in December of 2016. Drunk driving deaths account for more than 25% of all traffic fatalities in the U.S. each year, with a significant surge over the holidays.
Help prevent drunk driving accidents by never driving a motor vehicle or riding a bicycle after consuming alcohol. The amount of alcohol in just one drink could be enough to negatively affect your ability to drive. Instead, find a safe ride program in your state or request a sober ride home through an app such as Uber or Lyft. Plan ahead if you think you will be drinking over the holidays. Ride with a sober friend, spend the night at the house party where you will be drinking or arrange a paid ride home such as a taxi. You can also use public transportation to prevent driving drunk. Making a commitment against driving drunk could save lives this holiday season.
Unfortunately, you could still get into a DUI accident even as a responsible driver. On holidays such as Christmas and New Year’s, thousands of intoxicated drivers make the poor choice to get behind the wheel. Avoid driving late at night and on weekends over the holidays to reduce your risk of encountering drunk drivers. Keep your eyes scanning the roadway for signs of a possible drunk driver. If you see someone swerving, cutting people off, speeding, tailgating or otherwise driving dangerously, keep your distance and call 911 to report a potential driver under the influence. Involving the police could prevent a tragic accident before it occurs.

Posted by Aaron Herbert at 10:31 am