If you have been arrested for a DWI or DUI in Fort Worth, Arlington, Grapevine or in the surrounding cities of Tarrant County, and your police officer had probable cause to believe that you were intoxicated as a result of a controlled substance, drug, a dangerous drug, or a combination of two or more drugs, you could be charged with DWI. Many people are surprised to learn that any medication, including over-the-counter medicine and legally-prescribed (prescription) medications, that may cause impairment during driving could be the basis for a DWI arrest and conviction.
Although many people believe that Driving While High or under the influence of a drug is a separate crime from DWI, Texas law makes no distinction in the charge or the punishment range for a drug-related DWI arrest and a DWI arrest based upon alcohol. If you have been arrested for a drug-related DWI, you will face the same range of punishment and mandatory driver’s license suspensions as those charged with an alcohol-related DWI.
The primary difference between an alcohol-related DWI and a drug-related DWI is the way the prosecution will be required to prove your possible intoxication. Generally, police officers and Drug Recognition Experts that have been trained to handle drug-related DWI’s have been taught to look for the following types of drugs when considering a DWI arrest:
- 1.Central Nervous System Depressants (ex. Alcohol, Barbiturates, Anxiety and Depression Medication – Valium, Xanax, Librium, etc.)
- 2.Central Nervous System Stimulants (ex. Cocaine, Amphetamines and Methamphetamine
- 3.Hallucinogens (ex. LSD, Peyote, Psilocybin, MDMA/Ecstacy)
- 4.PCP or Phencyclidine
- 5.Narcotic Analgesics (ex. Heroin, Morphine, Codeine, Demerol, Methadone, Opium)
- 6.Inhalants (ex. Gasoline, Glue, Paint, Hairspray, etc.)
- 7.Cannabis (ex. Marijuana, Hashish, Marinol)
Proving a drug-related DWI is not as simple as obtaining a blood or breath test of more than 0.08. Unlike alcohol, drugs and the combination of different drugs affect people in different ways that do not always result in intoxication. Many times, if a blood or urine test is not obtained after your DWI arrest, the prosecution is required to prove your drug intoxication by having an officer testify to certain behavior that he believed indicated your intoxication. Although the prosecution will call a state toxicologist to testify to the general signs of intoxication for your suspected drug(s), without a detailed blood or urine test indicating the amount of the suspected drug(s) in your system, the prosecution will be asking the jury to take circumstantial evidence of your behavior at the DWI stop and conclude beyond a reasonable doubt that you were driving while intoxicated.
If you have been charged with a drug-related DWI in Fort Worth, Arlington, Grapevine or in the surrounding cities in Tarrant County, you need a DWI lawyer that is experienced in handling drug-related DWI cases. Having a legal team of former Tarrant County prosecutors that have tried over 100 DWI jury trials in the courts of Tarrant County, Texas, heading your DWI defense can make the difference between a guilty or not guilty with your DWI trial.
At The Hampton Law Firm, you will find a Fort Worth DWI law practice that is different from other Fort Worth DWI lawyers because we provide the citizens of Tarrant County with a DWI trial team approach that evens the odds and provides the best possible DWI defense for your drug-related DWI case. Call The Hampton Law Firm now for a free consultation.