The basics of drugged driving charges in Texas

April 09, 2013

When most people hear "DWI," certain things images come to mind, like a swerving driver pulled over by a flashing blue light, someone standing on the road walking the line while taking a field sobriety test, a strong aroma of alcohol, maybe some slurred speech.

While all of those things might be true for DWI/DUI charges based on the presence of alcohol, not all DWI cases are the same. In Texas - and across the country - it is possible to be charged with DWI without drinking a drop of alcohol.

The law

Chapter 49 of the state's penal code (the chapter governing offenses against public health, safety and morals), does not limit intoxication only to that as a result of alcohol consumption, instead taking a purposely inclusive stance and presenting alcohol, controlled substances, drugs, "dangerous drugs" or "any other substance [taken] into the body" that could prevent a driver from having "normal use of [his] mental or physical faculties."

The potential pitfalls

Obviously, Texas legislators have drafted the law broadly so as to cast a wide net, giving police the room necessary to catch drivers who are so impaired that they put themselves or others in harm's way, which is a laudable goal. However, the problem with wide nets is that they don't just catch the "fish" you are looking for - they catch everything else, too. Innocent drivers could be subjected to the intimidating process of being arrested and forced to give a blood or breath sample for a totally unwarranted DWI.

Another notable issue is the simple fact that there doesn't yet exist the kind of hard, quantifiable chemical state of impairment where drugs are concerned as there is where alcohol is the substance involved. For example, nearly everyone knows that if you have a higher blood alcohol percentage than .08, you could be charged with DWI; that same sort of percentage doesn't yet exist, even for relatively common substances like marijuana or various prescription medications because every individual processes drugs differently because of variations like weight, body type, the presence of other physical conditions that can skew the results, etc.

An evolving area of law

Once the police have a sample, though, how are they going to decide what is an acceptable or unacceptable level of "intoxication" by a substance so as to be punishable? How will police know what substances to screen for? Who makes the determination about the types of substances that will be considered intoxicating and which won't? What about therapeutic levels of particular medications - would those be treated the same as huge amounts of some other substance?

Right now, there aren't any easy answers to the myriad issues interwoven into the drugged driving debate, and this area of the law is still evolving, both in the courtroom and in the capitol.

Regardless of whether the charges stem from alleged alcohol intoxication or from some other substance, though, DWI charges are serious and come with serious consequences. If you or a loved one is facing DWI (or other alcohol- or drug-related) charges, speak with an experienced criminal defense attorney in your area to learn more about your legal rights and options.

Article provided by Patrick L. Hancock
Visit us at www.hancockcriminaldefense.com