McKinney Drug DWI Attorneys

Lawyers for Charges of Drugged Driving in McKinney, TX

Many cases involving charges of driving while intoxicated (DWI) are related to alcohol use. However, Texas law treats driving while impaired by drugs as seriously as driving while impaired by alcohol. A person may be charged with drug DWI based on the use of illegal narcotics, over-the-counter medications, prescription drugs, or combinations of substances. The legal consequences in drug DWI cases can be just as serious as in other types of DWI cases.

At Texas Defense Firm, our lawyers provide representation for clients who have been charged with driving while intoxicated by drugs. We can help clients understand the science and the law behind these cases, and we can work with them to develop successful defense strategies. Our goal is to protect our clients' rights at all times while avoiding convictions whenever possible and minimizing the ways their lives may be affected by DWI charges.

Why Drugged Driving Carries the Same Weight as Drunk Driving

In Texas, drug-related DWI charges are prosecuted under the same laws that apply to driving under the influence of alcohol. A person may be considered to be intoxicated if the use of any substance has affected the mental or physical abilities they need to operate a motor vehicle safely. Whether impairment comes from alcohol, an illegal drug, or a legally prescribed medication, DWI charges may apply.

There is one important distinction between drug DWI cases and alcohol DWI cases. Alcohol impairment can be proven if a chemical test shows that a person had a blood alcohol concentration (BAC) of .08 percent or higher while they were in control of a vehicle. There is no equivalent legal threshold for drugs. Intoxication will not be automatically established based on the level of a substance in a person's system. A prosecutor will need to prove that a person was actually impaired due to the use of drugs. This can raise complex issues related to drug tests and how intoxication may be proven.

Types of Drugs That Can Lead to DWI Charges

Illegal Drugs

The use of substances such as marijuana, cocaine, methamphetamine, and other controlled substances may lead to DWI arrests. These substances can affect a person's reaction time, coordination, judgment, and perception in ways that are similar to the effects of alcohol.

Prescription Medications

When people use certain types of prescription drugs, they may be warned about the risks of operating vehicles. Medications that may be prescribed for anxiety or insomnia can have effects such as drowsiness, delayed reaction times, and impaired coordination. Prescription opioids, muscle relaxants, and sleep aids can have similar effects. Even though these medications may be legally obtained through prescriptions from doctors, they can lead to DWI charges if they have affected a person's ability to drive safely.

Over-the-Counter Medications

Certain types of medications available in drug stores can cause drowsiness, affect a person's coordination, or have other effects that may affect a person's ability to operate a vehicle. These may include some allergy medications, sleep aids, or other drugs. When the effects of medications are severe enough to create risks on the road, a person could face DWI charges.

Combined Substances

DWI charges address the combined effects of multiple substances that have led to intoxication. For example, drinking alcohol while using certain prescription medications can lead to impairments, even if a person's BAC is below the legal limit. In many cases, the combination of multiple substances can lead to a level of impairment that will be more severe than a single substance would cause on its own.

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How Police Officers May Investigate Drivers Suspected of Drug Impairment

Because drugs generally cannot be detected in breath tests, an officer who suspects that a person has been driving while intoxicated by drugs may request an evaluation by a specially trained officer known as a drug recognition expert (DRE). These officers will follow specific steps that are meant to identify signs of intoxication that may be associated with different categories of drugs.

An evaluation will be based on an officer's subjective observations and their interpretations of a person's behavior. Physical signs that a DRE may believe are a result of drug impairment, such as erratic eye movements, elevated pulse, or unusual behavior, may be related to issues such as fatigue, anxiety, certain medical conditions, or other factors that do not have anything to do with drug use.

Blood tests may also be used to determine whether a controlled substance is in a person's system. However, the presence of a drug may not prove that a person was impaired at the time they were driving. Many drugs can remain detectable in the blood long after their effects have worn off.

Defending Against Drug DWI Charges

Because the state must prove that a person was actually impaired when they were operating a vehicle, there are several defense strategies that may be used in these cases. Our lawyers can help clients address drug-related DWI charges by:

• Challenging Drug Recognition Expert Testimony: We may question whether drug recognition protocols were followed correctly and whether an officer's conclusions may have been based on bias rather than verifiable data.
• Arguing That the Presence of a Drug Does Not Prove Impairment: A positive toxicology result may show that a substance was present in a person's blood, but this may not be sufficient evidence that a person was impaired while they were driving.
• Presenting Medical Evidence: A doctor who prescribed a medication or an expert in the effects of drugs may testify about the effects of a medication that was taken at a prescribed dose and show that it did not cause impairment.
• Examining Drug Testing Procedures: We can review how blood samples were taken, look for gaps in the chain of custody, and examine the methods used by laboratories to determine whether the results of tests can be challenged.
• Addressing Drug Tolerance: We may present evidence related to a person's use of a prescribed medication and argue that their tolerance levels showed that they were not impaired when they were driving.

Contact Our McKinney, Texas Drug DWI Lawyers

The issues that can affect DWI charges involving drugs may be different from the factors considered in cases involving alcohol. At Texas Defense Firm, our lawyers understand how to build strong defenses in drug DWI cases, and we can provide the representation needed to resolve these matters successfully. Contact our McKinney controlled substance DWI attorneys at 972-369-0577 to schedule a free consultation.