Many potential jurors are surprised to find out that you can still be charged with DWI (driving while intoxicated) if you haven’t consumed any alcohol. Most people understand “DWI” to be drunk driving. Jurors expect to hear about someone driving and showing signs that they were drunk.
In Texas, intoxication is defined as any substance that causes a loss of normal mental or physical faculties. Intoxication is defined by the Texas Penal Code as the inability to use mental or physical faculties due to the consumption of alcohol, controlled substances, drugs, dangerous drugs, a mixture of these substances or other substances. In Texas, a person may be charged with DWI if they’re found driving a vehicle under the influence of drugs and other substances which affect their mental or bodily faculties.
In order to establish a DWI without alcohol, officers rely on a variety of evidence and observations. Some of the most common indicators are erratic driving, poor coordination and slurred or bloodshot speech. When an officer suspects that a driver is impaired during a traffic check, they will conduct field sobriety testing (SFSTs). These tests are designed to evaluate the driver’s cognitive and physical abilities. These tests include the horizontal gaz nystagmus test (HGN), walk-and turn test and one-leg test.
A blood test may also be requested by law enforcement to detect drugs or substances that are not detectable with a breathalyzer. Blood is tested for controlled substances. The results of the blood test can be used as evidence in a DWI case if they show that drugs or substances can impair a driver’s ability.
It is important to note that the mere presence in a person’s blood of a certain amount of a drug does not equal intoxication. Many factors can influence whether a substance causes loss of mental and physical faculties, including genetic factors. Blood can detect some drugs long after their effects have worn off. Blood analysis results alone cannot determine impairment in the case of non-alcohol potential narcotics.
A prosecutor may find it difficult to prove a case of drug-only DWI, or DUID (driving under the influence of drugs), if the defendant is well-versed in the effects drugs have on the body. My master’s in pharmaceutical science, along with a graduate certificate on forensic toxicology has helped me defend my clients and act as a consultant in other drug-intoxication cases. It is crucial to have the best team by your side if you are charged with drug DWI.
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