QUESTION

Should I have gotten a DUI instead of DWI because I had no alcohol in my system?

Asked on Jan 22nd, 2012 on DUI/DWI - Texas
More details to this question:
I was arrested for a DWI. I am prescribed the sleep aid ambien. I told the officer what I had took, he still took my blood. Should I have gotten a DUI instead of DWI because I had absolutely no alcohol in my system? I took a medicine that was prescribed to me.
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3 ANSWERS

Drug Charges Attorney serving Houston, TX at Cynthia Henley
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DUI is driving under the influence of alcohol while one is under 21. DWI is driving while intoxicated whether by drugs or alcohol.
Answered on Mar 05th, 2012 at 2:02 PM

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Criminal Law Attorney serving Houston, TX
Partner at Thiessen Law Firm
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Nope, they are alleging DWI intoxication due to drugs. DUI is only for minors.
Answered on Jan 31st, 2012 at 5:50 PM

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Computer Crimes Attorney serving San Antonio, TX
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There is a common misconception that Driving Under the Influence is different than Driving While Intoxicated. In fact, in Texas there is no difference. The State may prove loss of normal use of mental or physical faculties by introduction of alcohol or drugs into a person's body. The case that is filed is no different and it does not matter if you ingested drugs or alcohol.
Answered on Jan 31st, 2012 at 2:32 PM

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