BAC

We’ve seen a marked increase in the number of drug-related driving while intoxicated (DWI) arrests in Galveston. This uptick is partly attributed to changing societal attitudes towards certain substances and, to a lesser extent, the way lawful prescription drugs intersect with DUI enforcement.

In Texas, a criminal charge for DWI doesn’t have to stem from alcohol abuse. A person can arrested for DWI (DUI) for driving while high on marijuana or other controlled substances.

Under Texas Penal Code, Section 49.01(2), intoxication includes “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.”

This broad definition means that even legally prescribed medications, assuming they’re impairing one’s ability to safely drive, can be the basis of a DUI or DWI arrest.

I’m Amber Spurlock. I help people charged with DWI, DUI, and other criminal offenses in Galveston, TX. If you’re seeking legal representation following criminal charges in Galveston County, my office can help you. Call me today at 409-904-0407 to get started.

About DUI Cases, Drug Recognition & Testing

Unlike alcohol-related DWIs, where blood alcohol concentration (BAC) provides a clear metric, drug-related DWIs are more complex.

Texas law enforcement officers often rely on Drug Recognition Experts (DREs) and various testing methods, including blood tests, to ascertain intoxication levels.

However, evidence gathered using these methods can always have inaccuracies. Furthermore, they’re highly subjective.

For instance, the presence of a drug in one’s system doesn’t necessarily prove impairment at the time of driving. Many substances, particularly cannabis, can remain detectable long after their impairing effects have subsided.

Such discrepancies can lead to wrongful DWI charges, where the driver was not actually impaired at the time of the incident. If you think your case falls under this umbrella, let us take a look at it.

Fighting Drug-Related DWI Charges

A Strategic Approach

When facing a drug-related DWI charge in Texas, the defense strategy can be multifaceted. As an experienced Galveston DWI lawyer, I know the importance of a tailored defense strategy that scrutinizes every aspect of the charge.

Below, I’ve listed a few strategies that can be effective in getting your charges reduced or your case dismissed outright.

1. Challenging the Traffic Stop and Arrest: The Constitution of the United States safeguards individuals against unreasonable searches and seizures (Fourth Amendment). If the initial traffic stop was without probable cause, it could greatly benefit our defense efforts.
2. Questioning the Drug Recognition Methods: The reliability of DRE assessments and chemical tests can be contentious. Expert testimony can be crucial in highlighting the limitations and potential errors in these methods.
3. Evaluating the Role of Prescription Medications: If prescription drugs are involved, we’ll need to demonstrate that they were taken in accordance with a valid prescription and did not impair driving abilities to the extent of legal intoxication.
4. Highlighting the Lack of Correlation Between Presence and Impairment: Scientific testimony may be necessary to establish that the mere presence of a substance in one’s system does not equate to impairment during the time they were driving.

Put Experienced Legal Representation on Your Side

The complexity of drug-related DWI cases in Texas underscores the need for experienced legal representation. As an attorney with extensive experience in DWI cases, I bring a deep understanding of both the legal and scientific aspects of these charges.

At our law firm in Galveston County, we provide a 100% free & confidential consultation and flexible options to address legal fees.

Our commitment is to offer a supportive environment where we can navigate your legal challenges with confidence.

Charged with DUI & DWI in Galveston County?

Contact Attorney Amber Spurlock Today!

While my goal is to defend people charged with drug-related DWIs, I’m also keen to emphasize the importance of not discussing your case or posting about it on social media.

If you need to consult with an experienced criminal defense lawyer about criminal charges in Galveston County, contact my office immediately. You can reach me by using the contact form or by calling directly at 409-904-0407.