Felony DWI with a child passenger – Case Dismissed
Client was arrested by Seabrook Police Department for speeding. Client had taken his valid prescription medication, and officers believed he was intoxicated due to his prescription medication. Most people do not realize that, in Texas, a person can be accused of being intoxicated (not having the normal use of their mental or physical faculties) due to prescription medication. Client was driving his friends and their son home. Client allegedly failed field sobriety exercises, and was arrested for felony DWI with a child passenger. We were able to convince the chief prosecutor of two things: (1) he had a valid and legal prescription for the medication he was taking; (2) the levels of the prescription medication were within the therapeutic levels that would not cause any impairment. Case dismissed.