Many people associate DWIs with driving while under the influence of alcohol, but as more and more states legalize marijuana and other drugs, law enforcement officials are cracking down on drugged driving. Under Texas Penal Code Ann. Sec. 49.01, driving a motor vehicle while intoxicated, regardless of the substance, constitutes a DUI. However, there are various ways to defend yourself against drugged driving charges. One way is to establish that the chemical test results were unreliable.
DWI chemical testing
Legally, you are required to submit to blood or urine tests if you are arrested for drugged driving, under implied consent laws. A refusal will result in a minimum of a 180-day license suspension, and your refusal can be considered as evidence against you in court.
However, chemical tests are not always accurate, especially when it comes to drug testing. Driving with a blood alcohol content level over .08 is considered legal intoxication. However, there is no similar limit set for marijuana intoxication. In fact, there is no reliable way to determine whether you have been driving while intoxicated by marijuana. THC can remain in your system for weeks after consumption, and therefore, it is next to impossible for officers to know whether you are impaired at the time of the traffic stop.
What if you have submitted to chemical testing?
If you submitted to chemical testing, there is no guarantee that the test results were accurate, particularly if there were flaws in the testing process. Your drug DWI defense attorneys can challenge various factors to show that the results were inaccurate, including:
- Improper handling of the sample
- Improper storage of the sample
- Improper administration of the test
If you have been charged with drugged driving, an attorney can help come up with an effective defense strategy tailored to the facts of your case.