A recent study conducted by the National Highway Traffic Safety Administration found that there has been a steady increase in marijuana (and other illegal drugs)-related vehicle collisions over the past decade. In addition, there has also been an increase in drug-related vehicle fatalities as well. Experts estimate that perhaps nearly five percent of highway deaths are now caused by ‘drugged’ drivers.
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The problem is that it is more difficult to detect a ‘drugged’ driver and there are literally dozens of types of illegal substances – from ecstasy pills to marijuana and crack to cocaine. Moreover, new ones are being devised almost daily. Police officers turn to the breathalyzer or field sobriety test as quick and easy tools to indicate a level of alcohol intoxication but no such machine or test is available for drug testing on the spot. It is simply not possible for law enforcement to accurately track the level of impairment of a suspected ‘drugged’ driver.
Instead, a blood test is the most authentic indicator of the presence and level or amount of drugs in a person’s system. This complicates the arrest. There are other problems for police and prosecutors as well in ‘drugged’ driving arrests. For instance, drugs stay in the body much longer than alcohol so a blood test may indicate the presence of an illegal substance but the actual usage may have been days before, not near the time of the arrest.
In Texas, driving while intoxicated (DWI) is not limited to alcohol. The law says you are intoxicated if you do not have the normal use of your faculties because of alcohol, a controlled substance, a drug, or a combination of them.
The biggest hurdle for drivers is that this is often a subjective judgment call made by a police officer. Many drivers assume they are safe from a DWI arrest if they have not been drinking, but that is not how Texas law works. You can face an allegation after taking pain medication, sleep aids, anti-anxiety medication, or even certain over-the-counter allergy pills if the officer believes those substances made you an unsafe driver.
Drugged driving arrests can involve almost any substance that alters your state of mind. These cases often involve:
Another common issue is mixing substances. A driver might take a prescription as directed but then have one drink with dinner. That combination can make the effects much stronger than either substance alone, giving the State a stronger argument that you should have known it was unsafe to drive.
Even more challenging is the fact that many states have legalized marijuana use for medicinal purposes. Combine this with the fact that most states do not even have a definitive standard for the amount of marijuana in an individual’s system that would be considered legal (and, conversely, illegal) and even the layman can see that there are problems ahead for police, courts, and prosecutors.
Too, while alcohol itself is considered to be a type of ‘drug’, there are separate charges for drivers who actually have ‘drugs’ in their system that are either legal or illegal substances, and that adversely affect their ability to safely operate a motor vehicle. Most courts are empathetic to an individual whose driving was unwittingly impaired due to a prescription drug or over-the-counter medication.
But in the case of illegal substances, there is ‘zero tolerance’ for the presence of any drug in your system – and proof of such will generally result in a verdict of guilt even if your driving was not impaired. Drivers who are charged with a DUI due to the presence of drugs in their system will likely also be charged with drug possession. Convictions for this crime carry increased fines and jail times.
Drugged driving is a form of ‘driving under the influence’. It is equally as dangerous but it carries the risk of much greater legal problems if one is arrested for this behavior. Think twice before getting behind the wheel of a car or truck if you have taken any type of drug. It could be a costly mistake.
Since there is no roadside drug test, Houston police often rely on drug recognition experts (DREs). These are officers who have gone through extra training to spot the physical signs of drug use, such as pupil dilation, pulse rate, and balance.
However, these experts are still making subjective guesses. They can misread nerves, exhaustion, or a natural medical condition as drug impairment. If an officer suspects you are under the influence, they will likely request a blood sample. However, science is complicated, and mistakes happen in labs. We look at whether the blood was drawn correctly, if the lab equipment was calibrated, and if the State can prove that the substance was active in your system while you were behind the wheel.
A drugged driving charge carries the same heavy weight as an alcohol-based DWI. It is not a minor offense, and the penalties can be life-changing:
The consequences only grow more severe with each subsequent offense. A second DWI offense can result in significantly higher fines, a longer jail sentence, and an extended license suspension. If you find yourself facing a third DWI offense, the charge can be elevated to a felony, putting you at risk of years in state prison.
Just because a blood test came back positive does not mean your case is over. These are not simple traffic tickets, and they should not be treated as open-and-shut. A careful defense focuses on whether the initial stop was lawful, whether the officer had enough evidence of impairment, and whether the lab results are reliable.
Our goal is to protect your future and your freedom by finding holes in the State’s evidence. We dig into the details of the arrest to show the court that the presence of a substance does not automatically mean you are a danger on the road.
Contact us today if you or a loved one has been convicted of driving under the influence of drugs. At the Law Office of David A. Breston, we have been helping clients throughout Texas since 1997. Our main priority is to get your case dropped or dismissed. We offer a free case evaluation.