Austin Drug DWI Attorneys
Driving while intoxicated by recreational or prescription drugs carries serious penalties in Texas that can affect your future for years to come. Even legally prescribed medications can lead to DWI charges if they impair your ability to drive safely.
At Hildreth & Rueda, our experienced Austin drug DWI defense attorneys represent those in Austin and surrounding communities facing driving under the influence of drug charges. We understand the complexities of these cases and work tirelessly to protect your rights and future. Se habla español.
Texas Drug DWI Laws
In Texas, driving while intoxicated applies to alcohol and other substances that impair mental or physical faculties. Under Texas Penal Code Section 49.04, a person can be charged with DWI if they operate a motor vehicle in a public place while intoxicated by any substance, including:
- Illegal drugs such as marijuana, cocaine or methamphetamine
- Prescription medications such as pain relievers, antianxiety medications or sleep aids
- Over-the-counter medications that cause drowsiness or impaired coordination
Unlike alcohol, where the legal limit is clearly defined at .08% blood alcohol concentration, Texas law does not establish specific thresholds for drug impairment. Prosecutors must prove the driver lacked the normal use of their mental or physical faculties due to drug consumption. This subjective standard makes drug DWI cases particularly challenging to defend without legal representation.
How Police Investigate Drug DWI In Austin
The Austin Police Department’s Impaired Driving Investigations Unit employs specially trained officers called Drug Recognition Experts (DREs) to identify drivers under the influence of drugs. These officers undergo extensive training to recognize signs of impairment from various substances.
When an officer suspects drug impairment, they typically follow a systematic process. The process starts with an initial traffic stop based on observed driving behavior, followed by standard field sobriety tests to assess coordination and cognitive function. A preliminary breath test may be used to rule out or confirm alcohol involvement. If drugs are suspected, a DRE may be called to conduct a more thorough evaluation.
The DRE evaluation includes physical examinations such as checking vital signs, pupil response and muscle tone. They also conduct divided attention tests and look for specific indicators associated with different drug categories. Based on these observations, the DRE forms an opinion about impairment and the type of substance involved.
This evidence, combined with any statements you make and the results of blood tests (if conducted), forms the foundation of the prosecution’s case against you.
Marijuana DWI In Texas
Marijuana-impaired driving cases present unique challenges in Texas. Unlike some states that have established specific THC blood concentration limits, Texas relies on officer observations and DRE evaluations to determine marijuana impairment.
This approach is problematic because THC can remain detectable in blood or urine long after its impairing effects have worn off. Someone who legally used marijuana in another state days before driving in Texas could potentially test positive despite not being impaired.
The subjective nature of marijuana impairment determinations makes these cases particularly dependent on officer testimony. DREs look for indicators such as increased heart rate, dilated pupils, body tremors and the presence of marijuana odor. However, many of these signs can have alternative explanations, creating opportunities for an experienced defense attorney to challenge the prosecution’s case.
Why Choose Hildreth & Rueda For Your Drug DWI Defense?
When facing drug DWI charges in Austin, having the right legal representation can make a critical difference in the outcome of your case. Our defense team brings several key advantages to your situation.
With over 20 years of handling DWI cases throughout the Austin area, including former prosecution experience, we understand both sides of drug DWI cases. Our attorneys stay current on research regarding drug testing and impairment assessment, allowing us to effectively challenge questionable evidence.
We take time to understand your specific circumstances and priorities, crafting a defense strategy tailored to your situation rather than applying a one-size-fits-all approach. We understand that good people can find themselves in difficult situations. Our focus is on providing strong, effective representation without lecturing or judging you.
Contact Our Austin Drug DWI Defense Lawyers Today
Drug DWI charges demand immediate attention. The prosecution is already building a case, and evidence that could help your defense may be time-sensitive. Call us in Austin at 512-415-7648 or contact us online today for a free initial consultation. Se habla español.