K2 Can Get You a DWI Charge

K2 may be banned in many Texoma cities, but its legal here.

A Wichita Falls man was arrested for driving under the influence of that herbal substance. That story has us wondering how the arrest could happen especially if the herb is legal in the city.

According to the Texas Penal Code when it comes to driving while intoxicated it's not just referring to alcohol. Many other drugs, illegal and legal fall under that classification.

Thirty-four year-old Franklin Johnson could be the city's first case of getting a DWI, without drinking any alcohol, but he did smoke K2, which is legal in Wichita Falls.

City Attorney Miles Risley says the officer who placed Johnson under arrest had every right to do so.

"A person can be arrested for driving while intoxicated if they are taking any substance legal or illegal that causes them to not have the normal use of their mental or physical faculties," said Risley.

An officer doesn't even have to take any kind of blood or urine test to prove that someone is driving under the influence.  A few different kinds of tests can determine that.

"With the arms and the hands and looking at the eyes, those things will be taken into consideration," said Defense Attorney Ronnie Molina.

He says K2 is becoming more and more popular and so could driving arrests.

"I believe we'll see more cases with a younger generation of high school and college kids using it and then we have problems," said Molina.

Molina also adds that as people are becoming more aware of K2 there will be fewer defenses from attorneys on their client not knowing its effects and therefore more people could be ending up behind bars.

Flu medicine, sleeping pills and other over the counter medicine can fall under a DWI classification.  Those labels almost always say not to operate a motor vehicle, if you're found operating one you can be arrested and charged with a DWI.

Crystal Hall News Channel 6