DWI & Drug Intoxication in San Antonio
You have seen prescription-warning labels telling you not to use alcohol with the medication in the bottle. That warning can cause legal liability if you disregard it. Some medications such as Xanax cause the effect of alcohol to increase intoxication. Certainly, opioids of all kinds do the same. Other illegally used drugs such as cocaine will cause individuals to become more intoxicated than usual, and in some instances – they will cause individuals to become unaware of their behavior while they are ostensibly conscious. These are dangerous situations for drivers, and it may be a shock to readers here to know that this situation is more common than one might care to believe.
Thus, DWI includes drug intoxication whether that drug is prescription or illegal. Intoxication may include a combination of drugs, legal and/or illegal, and it may include a combination of drugs, legal and/or illegal with alcohol. The police will get blood tests and have a laboratory test for drugs. There are toxicological guidelines for what level of the particular substance in the blood is considered intoxication. The prosecution will use the lowest number. That is, they use the lowest amount in the particular method or system of calculation for intoxication.
However, the testing process itself can be put on trial. For example, methamphetamine reacts with alcohol to cause greater intoxication. Nevertheless, there are two types of methamphetamine: l-methamphetamine (legal – L-methamphetamine is found in Vicks® inhalers) and d-methamphetamine (illegal). These molecules are always together, and the proportion of the molecule determines intoxication. Therefore, the laboratory must separate these molecules in order to determine intoxication. Most laboratories, including DPS and Bexar County, do not have the correct equipment to do this.
Legal Consequences and the Importance of Defense
A DWI charge involving drug intoxication carries severe penalties in Texas, including hefty fines, license suspension, mandatory education or treatment programs, and even jail time. The stakes are high, especially when a conviction could lead to a permanent criminal record, increased insurance rates, and long-term damage to your personal and professional reputation.
Given the complexities involved in drug-related DWI cases—such as the nuances of toxicology reports and the specific legal thresholds—it's crucial to have experienced legal representation. A skilled DWI attorney can challenge the validity of the blood tests, question the procedures used by law enforcement, and scrutinize the laboratory methods. These defense strategies can be pivotal in reducing charges, obtaining a favorable plea deal, or even having the case dismissed.
Get started today by contacting me online or call (210) 405-9730 today.
How Does Forensic Analysis Work?
Forensic analysis for drugs in the blood requires a gas chromatograph attached to a mass spectrometer for separation and measurement. A hospital EMIT test is only a screening test, and it is not a forensic measurement. The hospital test must be confirmed by a mass spectrometer.
Drug intoxication science in the courtroom is very complex. Often the jury will not understand it. Therefore, it is imperative that the defense lawyer must take these complex issues and distill them into a simplistic example so that the jury (and the judge) will understand it. Few lawyers are capable of performing this task in a DWI case.
I purchased this very expensive equipment with a toxicologist, and together we used it to teach lawyers these concepts. I have tried drug intoxication cases before juries: with an expert toxicologist and without an expert toxicologist. In both instances, I have been successful for my clients – no conviction by the jury.
If you or a family friend or a loved one is faced with this charged offense, please call me at (210) 405-9730 as soon as possible.
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Personalized Legal Solutions Tailored to Your Needs
At The Law Offices of George A. Scharmen, we understand that every legal situation is unique and requires a personalized approach. Our team of experienced attorneys in San Antonio, TX is dedicated to providing tailored legal solutions that meet your specific needs and goals. Whether you are facing a complex legal issue or need assistance with a simple matter, we are here to guide you through the process and advocate for your best interests.
Our personalized legal services include:
- Comprehensive legal consultations to assess your situation
- Customized legal strategies to achieve your objectives
- Regular communication and updates on your case
- Expert representation in negotiations and court proceedings
- Legal advice and guidance every step of the way
Don't navigate the legal system alone. Contact The Law Offices of George A. Scharmen today to schedule a consultation and learn how we can help you with your legal needs.
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Going the Extra MileWhile we try to avoid the courtroom for clients, I promise to be ready for anything - including a jury trial.
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Extensive DWI ExperienceFor more than 40 years, I have exclusively practiced criminal law and DWI defense.
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Recognized in the CommunityHighly respected among colleagues, I'm double-board certified and the recipient of many awards and accolades.
Don't wait on a DWI charge. Complete our form below or call us at (210) 405-9730 for a free consultation.