17 Sep 2015
When most people think about driving while intoxicated, as well as related crimes such as intoxication assault, intoxication manslaughter, and even boating or flying while intoxicated, they assume, for the most part, that alcohol is involved. But the fact is that while alcohol is an issue in many of those cases, drugs can also lead to DWI and DWI-related charges.
An example of a DWI arrest based upon alleged drug use was reported this week. It involved a head-on collision in Austin. When the police arrived, they say that one of the drivers, Ruby Simmons, appeared disoriented. We suppose the cops assumed, as many people might, that the woman was drunk, or at least under the influence of alcohol. So they administered a breathalyzer test, and they were likely surprised that her blood alcohol content was 0.00 – no measurable amount of alcohol could be detected in her system.
Anyone could become disoriented, we suppose, particularly after a major automobile accident. In fact, Simmons’ passenger, a 25-year old man, suffered serious injuries in the crash, and underwent surgery after being taken to the hospital. But Simmons, the police claim, admitted to taking Xanax (generic name alprazolam) about an hour prior to the accident. Worse yet, they say she did not have a valid prescription for the drug. Xanax is in the class of drugs known as benzodiazepines, and is used to treat anxiety and panic disorders. It has a sedative effect, and is fast-acting, achieving its peak effects within an hour or two after taking it, depending upon the specific formulation of the drug. As of this writing, the woman remains in custody at the Travis County Jail. She is charged with intoxication assault.
Under Texas law, “intoxication” for purposes of the DWI laws not having the normal use of your physical or mental capabilities due to having alcohol, drugs, or a combination of the two, in your system. (It also includes having a BAC of 0.08 or higher.) If the intoxication causes a serious injury to another person, the driver can be charged, as in this case, with intoxication assault. While DWI is generally a misdemeanor, intoxication assault is a third degree felony.
Law Office of David D. White, PLLC
1201 Rio Grande Street #200
Austin, TX 78701
(512) 369-3737