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Photo of attorney William Marcus Wilkerson
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Can you get a DWI without drinking?

On Behalf of | Oct 18, 2024 | Criminal Defense |

Most people who are facing DWI charges in Texas have been drinking alcohol. It’s illegal to drive when impaired by alcohol, regardless of your blood alcohol concentration. But if your BAC is at the legal limit of 0.08% or above, then you’re legally intoxicated.

It’s important for drivers to know that they don’t necessarily have to consume alcohol to get pulled over and arrested on a DWI charge. How could this happen?

Alcohol and other drugs

The key is to note that a DWI charge does not just apply to alcohol. It applies to impairment from any type of drugs. If someone was smoking marijuana before getting in the car, for instance, they could still be arrested. The same could be true for someone who had been using narcotics. Anything that impairs a driver’s ability to operate their vehicle safely is illegal.

What about medication?

Another thing to remember is that even certain legal drugs or medications could lead to impaired driving charges. Medical providers and the instructions on many prescription medications advise you not to operate heavy machinery after taking them. This means that you can’t drive because the medicine may have an adverse effect on your abilities – reducing motor control, slowing down cognitive processing, inducing excessive fatigue and more. Even if you are sick and you have a valid reason to possess and use the medicine, an officer could still arrest you if you are too impaired to drive.

If you are facing a DWI or any impaired driving charge, regardless of the substance in question, it’s important to understand all of your legal defense options. Having experienced legal guidance is important to protect your rights and present your case.