If you are facing a drug-related DWI charge in Texas, you are not alone. Cases like this are on the rise in Texas, and the whole ordeal can feel confusing and stressful. Unlike alcohol-related DWIs, substance-related cases do not have a set threshold. Law enforcement must rely on observations, tests and expert evaluations to determine impairment, which can make these cases more complicated.
Understanding the legal penalties
Even if this is your first offense, the consequences of a drug-related DWI are serious. In Texas Penal Code Section 49.04, penalties can include:
- Fines up to $2,000
- Jail time from three days to 180 days
- Driver’s license suspension for up to one year
Repeat offenses can carry higher fines and longer jail sentences. Also, aggravating factors can lead to felony charges with even more severe consequences. Examples include having a child on board or causing an accident. On top of these, facing a conviction can also impact your ability to work, rent housing or travel internationally.
The role of drug recognition experts
If you were pulled over and suspected of being impaired by drugs, you may have encountered a drug recognition expert (DRE) at the scene or at the station. These officers are specially trained to check physical indicators such as unusual behavior, dilated pupils and coordination problems.
Their evaluation can become a key part of the evidence against you in court, but DRE assessments are not always conclusive. Fatigue, medical conditions or stress can sometimes look like signs of drug impairment.
Your understanding of what the DRE was looking for and how their evaluation works can help you and your attorney identify potential challenges to the evidence.
Defense strategies to consider
Facing a drug-related DWI charge can be intimidating, but there are actions you can take to protect your rights. Common defense considerations include:
- Examining whether the traffic stop was lawful
- Reviewing the reliability of field sobriety tests
- Questioning the accuracy of the DRE evaluation
- Analyzing how blood or urine samples were collected and tested
These strategies focus on identifying potential weaknesses in the evidence and ensuring a careful evaluation of your case.
Protecting your future with legal guidance
It may seem overwhelming, but protecting your record and employment opportunities is not impossible in your situation. Working with an experienced attorney as early as possible can help you understand the strengths and weaknesses of your case. Knowing your options and having professional guidance can provide clarity and help you make informed decisions moving forward.