An allegation of drunk driving typically has some evidence behind it, such as a breathalyzer test or blood test. “Drugged driving,” charges – driving while intoxicated with a drug or other controlled substance – can also come with a positive test, too. But since drugs last in a person’s system long after they’ve stopped influencing a person, what if you tested positive for drugs and weren’t actually impaired?
What the law says about intoxication in Texas
The driving while intoxicated (DWI) law, as written, states: “A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.” The most important word in that sentence is “intoxicated.”
The penal code also describes Texas’s standard for intoxication: “not having the normal use of mental or physical faculties by reason of use of alcohol or other substances.” The law further expands on blood alcohol levels as part of that definition of intoxication. But it does not do the same for any other drug. That means the determination of your level of intoxication all comes down to the officer’s belief that you are not in the right mental state.
In the absence of alcohol, the arresting officer’s determination of your level of intoxication matters so much because there is no recognized standard for drugged intoxication levels. Therefore, a blood test may reveal drug use, but not intoxication. But you’re not being charged with consumption of drugs; the charge facing you is DWI. So, where does that leave you?
What can you do if you know you weren’t intoxicated?
As a defense, knowing that you hadn’t ingested anything is a start, but you need more help than that. The courts put a lot of weight into the word and impressions of arresting officers. The best thing to do is to speak with an attorney with the experience and dedication to fight criminal charges of any type. They’ll listen to your story and help you develop a thorough legal strategy to lessen or even outright overcome the charges facing you.