Drug DWI Defense in Texas (Drugged Driving)

Drunk Driving Without Drinking

You were stopped by police while driving and registered 0.00 on the breath test. End of story, right? WRONG. The cop already suspects you of being intoxicated, and that suspicion hasn’t changed. The only thing different about the suspicion is what caused it.

If you are reading this, you probably have been arrested and charged with Driving While Intoxicated (DWI), a Class B misdemeanor. Cops likely got a sample of your blood with your consent or by a warrant. Lab results can take a while, sometimes many months. In the meantime, you should comply with your conditions of bail and stay out of trouble. Of course, you are looking for a lawyer, which is a very good idea.

Take a deep breath, remain calm, and learn about what you are facing.

Proving Intoxication in a Drug DWI Case

Intoxication is not having the normal use of your mental or physical faculties, and it is caused by any substance or combination of substances. One or more medicines prescribed by a doctor can cause intoxication. Over the counter medicines can cause intoxication. Illegal drugs can cause intoxication. Any combination of substances, legal or illegal, can cause intoxication. It’s a question of proof. Your blood will be tested for drugs. Prosecutors typically side with police and assume any drug in your system caused intoxication.

Whether the state can prove intoxication at all is answered by a jury at trial. If there is even a trace of a single drug in your blood the lab can identify, you may face a decision between fighting for your freedom at a trial you don’t think is fair or accepting a plea agreement you don’t think is fair.

Your Driver License Suspension

The cop may have given you notice of a suspension of your driver license. Take it seriously. Failure to request a hearing within 15 days means automatic loss of your license. If you can’t hire an attorney to make the request for you in time, do it yourself because this deadline is hard, meaning no extensions are granted. The license case is totally separate from your criminal charge, and even getting a no-strings-attached dismissal of your DWI criminal case will do nothing to change the suspension.

Punishment for a Drug DWI

Punishment for a DWI due to drugs is the same as a DWI due to alcohol. A first offense is a Class B misdemeanor with a minimum jail term of 72 hours and a maximum of 180 days. Fines can be as high as $2,000, a “superfine” surcharge of $3,000, and court costs. A driver license suspension of 90 days to 1 year is mandatory.

Probation, if granted, can last up to 2 years, and is not eligible for early termination. If you are under the age of 21 at the time of your offense, your driver license must be suspended for 1 year. Conditions of probation are numerous and costly.

Choosing an attorney is likely the most important decision you can make right now.

Effectively defending people accused of DWI Drug is challenging. Drugs have no “per se” level to show a person was intoxicated like the .08 so many people know about alcohol intoxication.

The number and concentration of drugs in a person’s blood has no magic number to show intoxication or “legal limit.” Drugs affect people in vastly different ways. Drugs affect the same person differently under different circumstances. The presence of another substance in a person’s body can have unpredictable effects. Your case may be entirely unique, quite literally different than any other person could have. It is truly a case-by-case determination.

That complicated and unpredictable situation makes every case a challenge. You need to find an attorney who has seen and done a lot.

Attorney Phillip W. Goff invites you to consider him in your search for a lawyer.

Throughout his 30+ years of defending people against DWI cases, he has been deeply involved in professional organizations dedicated to DWI defense. He has attained instructor level for Standardized Field Sobriety Testing. He has earned the Lawyer-Scientist certification from the American Chemical Society. He has graduated the National College for DUI Defense’s Serious Science, Blood Alcohol Analysis and Advocacy curriculum. Few DWI defense attorneys nationwide have achieved even one of these accomplishments. Fellow lawyers rate him as preeminent in his field, and hundreds of his clients publicly praise him online.

Do your research. Compare multiple attorneys who practice where you were arrested. Make sure the lawyer you choose is worthy of defending you. You deserve it.