Asked 3/5/2016 – Dallas, TX

An unknown vehicle bumped me on the highway and caused me to hit into another vehicle. I attempted to gain control but crashed head on into a wall. I called 911 to request an EMT for the other car and myself. I told them I was moving my car out of oncoming highway traffic (approx 8pm). Surrounded by police, immediately forced to field sobriety without proper medical evaluation. After many field tests, arrested to confirm in a controlled environment. I blew 0.00 several times and passed the numerous tests. Urinalysis showed antidepressant ( which I said I take daily). Charged DWI.Ordered Interlock device. I am at one year and counting of attorney, bond, alcohol monitoring unit, Interlock, and processing fees despite the knowledge of innocence during detainment in jail. This is extortion.

My attorney has had to push for trial in a few weeks.

Answer

In a Driving While Intoxicated case, the State does NOT have to prove intoxication by use of alcohol. It must be proved beyond a reasonable doubt that you did not have the normal use of your mental or physical faculties due to the intoxicant, which could be a prescribed medication. I believe your attorney is correct is setting this case for trial, but if the State believes the medication you were taking caused intoxication as defined by the statute, it has the right to proceed with the case.