Whether you were on meth or drank alcohol you could be considered guilty of DWI. The question is, did you lose your mental or physical faculties or did you have a BAC of .08 or more? If your DWI was changed to an Intox Assault charge then it's not because you were on meth. It's because you hit someone and that person suffered serious bodily injury. Do you remember being in an accident?
Veronica I. Legarreta Legarreta & Owen, LLP 613 E. Ashby Place Suite 2 San Antonio, Texas 78212 210-532-5321 phone 210-532-5322 fax I am a criminal defense attorney practicing in San Antonio, Texas. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
Veronica is correct. It is irrelevant what you were on, it is the fact that someone was seriously injured as a result of the accident you were involved in. Additionally, the code states that it is the loss of YOUR normal mental and physical faculties. This means yours, not people in general and that is what the state will have to prove.
I would recommend hiring an attorney in your area experienced in DWI to assist you as there may be areas that can be contested, but only a good attorney will now how to handle those areas.
The advice I would give you is simple: Hire a lawyer or have one appointed for you. Any attorney worth listening to is going to do the same thing Veronica did: Ask you questions and every answer that you give will lead to another question. The reason attorneys do tis is because the law is a very fickle and delicate set of rules and inorder to properly advise you an attorney has to know exactly what happened and how it happened. That's the only way we can give you the proper advice on what you should or should not do. But one thing I can advise you to do is to advise to to stop posting on the internet that you were on meth. Do not talk to anyone about your case or the facts of your case other than your lawyer. Everything you say about your case whether its to a police officer, a friend or a local bartender can be used as evidence against you and you really do not want that. Good luck!