Thanks to local, state, and nationwide anti-drinking and driving campaigns, virtually every licensed driver in the United States is aware of the dangers of drinking and driving. What not everyone knows for sure is that they could just as easily get a DUI or DWI for driving on a controlled substance as they can for drinking and driving.
Essentially, it's illegal in all states to drive while under the influence of alcohol, illegal or legal drugs to the extent that one's driving abilities are impaired. Whether you live in New York City, Chicago, or Los Angeles, you can get a DUI for drinking and driving, or even driving on a lawfully prescribed, medically necessary prescription drug.
This is because many drugs, illegal and legal, affect the brain chemistry. Many drugs cause drowsiness, dizziness, confusion and balance problems, all of which can making operating machinery, such as a vehicle very dangerous.
What if you hurt someone else while under the influence?
Alcohol and drugs can lead to deadly crashes, it happens every day. While most first-time DUI crashes, with or without property damage are misdemeanors in all states, that's another story if someone else was seriously injured or killed.
While the laws vary from state to state, generally a DUI/DWI crash involving serious injuries is prosecuted as a felony offense. An impaired driver can be slapped with felony charges, whether he or she was under the influence of alcohol, an illegal controlled substance, such as marijuana or LSD, or even a lawfully prescribed medication.
In Texas for example, a driver commits "intoxication assault" if they cause serious bodily injury to another while driving under the influence of alcohol, a controlled substance, any drug, or a combination of drugs and alcohol.
Under Section 49.07 of the Texas Penal Code, intoxication assault is a third degree felony, punishable by up to 10 years in prison and up to a $10,000 fine.
If you were involved in a DUI crash involving injuries, contact a DUI lawyer immediately for an aggressive defense!