DWI by Drugs is quickly becoming the new darling of prosecutors throughout the country. Drug Recognition experts are now being called to the scene of DWI investigations and accidents whenever there is evidence that prescription medication or illicit drugs have been used. Prior to the Drug Recognition Expert program being initiated by the National Highway Traffic Safety Administration, it was very difficult to prosecute and prove driving while under the influence of drugs. These cases involve complex scientific issues dealing with the identification of the active ingredients of drugs in both urine and blood testing and whether or not the substance revealed was an active or an inactive metabolite.
Correlating levels of blood and urine to impairment has also been extremely difficult in the past because of the absence of reliable studies linking specific levels of drugs in the blood or urine to impairment. Complicating this difficult task is the phenomenon of tolerance. While tolerance to alcohol has been studied at great length, tolerance to prescription medication is a much more individualized phenomenon. The absence of published medical studies on the subject has caused prosecutors to turn to the opinions of Drug Recognition Experts who are ready to render opinions about impairment.
Drug Recognition Experts are not doctors! It is impossible for them to distinguish between an anxiety attack and hyperactivity from a central nervous system stimulant. In addition, these Drug Recognition Experts are always attempting to correlate symptoms with “normal.” Since the officer has had no prior contact with the individual, it is impossible for him to determine what normal would be for any specific individual.
Prosecutors are also charging drivers with driving while intoxicated by drugs even though their drug levels were within therapeutic ranges of their prescriptions. Since there are no per se levels in DWI-Drugs, impairment in fact must be shown. DWI-Drug cases can be defended successfully by attorneys who are knowledgeable in the deficiencies of the Drug Recognition Examination program, (2) are knowledgeable in the area of challenging drug testing, and (3) are committed to understanding the medical issues which inevitably are associated with prescription medication cases. Therefore, please make sure to contact our firm so that you can understand the defenses you have when you are arrested for DWI by drugs.
To speak to a knowledgeable, dedicated and aggressive Dallas DWI lawyer, please call our office at (214) 880-9988 for a free consultation, or use the contact form on this site and we will contact you promptly.