Wednesday, February 20, 2013

DWI And Prescription Drugs


You are driving home from work and the Police pull you over. After answering what appears to be innocent questions you end the encounter with a Driving While Intoxicated charge even though you did not drink. How is this so? In Harris County, Texas there is no distinction between Driving While Intoxicated due to a Blood or Breath Alcohol Concentration greater than .08, and Driving While Intoxicated attributable to illegal drugs, legally prescribed pharmaceuticals or over the counter medications.
The DWI charges stem from the side effects of a given drug. The Texas Department of State Health Services has a list of legally prescribed pharmaceuticals that fall into Schedule 1 or Schedule 2 Controlled Substances. A legal prescription for use does not forgo or exempt you from exercising caution. Prescription bottles come with an information sheet outlining possible side effects. The bottle itself will have warnings about dizziness, drowsiness, impaired vision or operating machinery and driving.

The Police can make this determination after a stop for any reason. You may be pulled over for a broken tail light. Once pulled over, the Officer will observe you. Your speech, pupils or coordination may lead them to make a Driving While Impaired charge. You may be pulled over for more obvious indicators such as weaving within your lane, driving to slow, drifting, unsafe lane changes, cutting off other drivers, inattentiveness to signals and signs and the same type of driving as if you were falling asleep.
How do you know if you might be driving impaired? A good indicator would be if your medication makes you feel light headed or intoxicated, or makes you look intoxicated. Erratic driving due to the side effect of feeling sleepy, drowsy or affected motor coordination all of which impact your driving ability will get you stopped. If you are pulled over, do not admit you are on medication. Do not carry it in the car. This is evidence of DWI. If the label warns alcohol can intensify the effects of the medication, do not drink and drive. A very small amount of alcohol that would normally leave you within safe limits can be ruled to have placed you in diminished ability in conjunction with your medication.
This is a serious charge that should not be faced alone. A good Houston DWI attorney will be able to assist you with these issues. There is no legal limit for Driving While Intoxicated when it comes to drugs.  If someone loses their normal use of mental or physical faculties they may be found guilty. If the medication, confuses you, reduces or diminishes your coordination or motor skills you should not drive.  Discuss side effects with your Doctor before hand and learn how your medications affect you. If you find yourself pulled over, make no admittance. Contact Houston DWI lawyer Herman Martinez immediately to protect your rights.

The Martinez Law Firm
3730 Kirby Dr #909, 
Houston, TX 77098
Phone:(713) 489-9773


Thursday, February 14, 2013

The Unforeseen Costs of Drunk Driving


It is no big secret that getting a DWI can be devastating in a number of ways. The obvious results are fines and possible imprisonment, as well as endangering the lives of others and yourself. However, there are long-term effects that many who make the unwise decision to drink and then get behind the wheel never consider.

Drunk Driving charge can have a negative impact on your job. These days some companies have taken the step to make getting a DWI, whether on company time or not, a one-way ticket right out the door. Depending on where you live, you could face immediate dismissal or be required to attend substance abuse training in order to retain your position. If your job requires you to use company vehicles, many times a DWI conviction will result in termination.

Professions such as truck driving, courier or driving delivery vehicles almost all have a zero tolerance policy when it comes to driving while intoxicated. If you currently hold a CDL chances are it will be taken away, and the opportunity to ever obtain a professional driving license may be lost forever. There can also be negative repercussions if you hold a commercial or recreational pilot’s license.
Repeat offenders may be ordered to perform community service. This can take time away from your family and your job. If you are suffering from alcohol dependency a judge may insist you receive inpatient medical treatment. This can end up being paid out of your pocket, once again costing you time away from work and financially.

While most are aware that there will be ramifications to your automobile insurance from getting a DWI; the premium increases are often substantial and cancellation of your policy is a real possibility. The increase in cost can go on for years, and many have difficulty being picked up by other insurance companies once their policy is cancelled.

Your lifestyle may be restricted by electronic monitoring devices. These can be either on your person or your vehicle. House arrest for you can inhibit your daily routine for a long period of time. While you will most likely be allowed to go to your job, nighttime activities will be curtailed. If there is a monitor on your vehicle, it will not start if you have consumed alcohol.

For those of us who would never consider getting behind the wheel after drinking alcohol, there are unfortunately consequences due to those who do drink and drive. Taxpayers pick up the costs to clean up highways related to collisions by drunk drivers. When planning a night on the town, do yourself a favor and plan for a designated driver or taxi ride. Besides the immediate price you may pay with fines or jail time, a DUI conviction can cost you for years into the future. For more information contact Houston DWI attorney Herman Martinez.


The Martinez Law Firm
3730 Kirby Dr #909, 
Houston, TX 77098
Phone:(713) 489-9773

Thursday, February 7, 2013

Advice From a DWI Attorney: Plan Ahead to Make Good Decisions


As a Houston DWI Attorney, I've seen time and time again that anyone can make a very stupid mistake. Current case in point: Dallas Cowboys nose tackle Jay Ratliff was arrested for suspicion of driving while intoxicated.

As most everyone in the media has been quick to point out, Ratliff’s arrest came just a month after his teammate and fellow nose tackle Josh Brent was charged with intoxication manslaughter in the death of another teammate, Jerry Brown Jr. You’d think Ratliff would have learned from that very unfortunate incident which no doubt hit very close to home.

But the truth is, this kind of thing happens all the time. A friend or family member is arrested for a DWI, or dies in an alcohol-related accident. Everyone close to this person swears never, ever to drink and drive again. A few weeks later, that promise is broken. Why?

Usually it is because there was no backup plan in place. We all know our judgment isn’t the best when we’re drinking. So the best way to avoid making stupid decisions is to make them before you start drinking. If you’re planning to drink at all, then have an alternative mode of transportation already planned before you walk out the door.

Now, instead of relaxing at home and having fun in the off season, Ratliff is facing DWI charges. This could have easily been avoided. Surely Jay Ratliff could afford a cab. Heck, he could have taken a limo out for the entire night without making a noticeable dent his bank account. Either way, it’s going to cost him a lot more to deal with this DWI than it would have to pay someone to drive him home. In fact, that’s true for anyone.

More importantly, that bad decision could have cost him his own life or someone else’s, as happened to his teammates just a month before. But no matter how stupid his actions seem in retrospect, the fact is people have poor judgment when they drink. That’s why it’s so important to plan ahead, either by designating a driver or arranging for a cab or other way home. Drinking and driving is just not worth the risk.



The Martinez Law Firm
3730 Kirby Dr #909, 
Houston, TX 77098
Phone:(713) 489-9773