Conroe Drug DWI Attorney

Aggressive Drug Crime Defense in Montgomery County, TX

While drunk driving is indeed illegal, DWI law also prohibits individuals from driving while under the influence of prescription or illicit drugs. Under the Texas Penal Code Section 49.01, "intoxicated" means 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.

If you have been arrested for driving under the influence of drugs, it is urgent you contact Conroe drug DWI attorney Douglas W. Atkinson as soon as possible to protect yourself against serious criminal consequences.

Facing a Drug DWI Charge? Get Legal Help Now! Contact us at (936) 681-0031 for a free consultation and protect your rights today.

What Drugs Are Prohibited?

A person may be charged with driving under the influence of drugs if they operate a motor vehicle while impaired by any drug or substance that affects their ability to drive.

You should not drive under the influence of drugs that cause:

• Drowsiness
• Dizziness
• Sleepiness
• Impaired motor skills

Unlike alcohol intoxication which can be measured by a person's blood alcohol concentration (BAC), impairment from drugs is much more difficult to prove as there is no blood testing standard in Texas. A driver's intoxication is determined on a case-by-case basis at the discretion of the arresting officer and prosecution.

You may be arrested for DWI if impaired by any type or combination of drugs, including but not limited to:

Penalties for Drugged Driving in Texas

Consequences for a drugged driving conviction in Texas will vary depending on the number of prior offenses and whether or not the driver's intoxication resulted in the injury or death of another individual. It is important to note that Texas does not have a "lookback period," meaning that any prior DUI convictions will be relevant for sentencing purposes regardless of when they occurred.

Penalties for drugged driving in Texas include:

• First offense: Up to 180 days in jail, $2,000 in fines, confinement in jail for 72 hours minimum, and potential 1-year driver's license suspension
• Second offense: 30 days to 1 year in jail, $4,000 in fines, and potential 2-year driver's license suspension
• Third offense: 2 to 10 years in jail, $10,000 in fines, and potential 2-year driver's license suspension

Additional penalties may include community service, mandatory drug treatment, DWI school, court costs, and a criminal record. If you are facing drugged driving charges, Conroe drug DWI Attorney Atkinson can help you evaluate your defense options and craft a custom-tailored strategy that minimizes your chances of serving these penalties.

How Texas Law Defines Drugged Driving

Texas law treats drug-related DWIs differently from alcohol-related DWIs, but both carry serious penalties. While alcohol impairment is determined by Blood Alcohol Concentration (BAC), drug impairment is more subjective and assessed on a case-by-case basis.

The Legal Difference Between Alcohol & Drug DWIs

• A traditional DWI involves a BAC of 0.08% or higher, while a drug DWI does not have a set limit. Instead, officers must rely on their observations, field sobriety tests, and chemical testing to determine impairment.
• Alcohol DWIs are easier to prove because BAC provides a measurable standard.
• Drug DWIs are more complex because different substances affect people differently, and drug presence does not always mean impairment.

How Law Enforcement Determines Impairment Without a BAC Limit

Since Texas does not have a legal limit for drug impairment, officers look for signs of intoxication, such as:

• Erratic driving behavior, including swerving, delayed reactions, or ignoring traffic signals.
• Physical symptoms like slurred speech, drowsiness, or dilated pupils.
• Field sobriety tests (FSTs) to assess coordination, balance, and focus.
• Blood or urine tests that detect drugs in the system but do not confirm when they were taken.

The Role of Drug Recognition Specialists (DREs) in Arrests

• Some officers receive specialized training as Drug Recognition Specialists (DREs). These officers conduct a 12-step evaluation to determine if a driver is impaired by drugs. However, DRE assessments are often subjective and can be challenged in court..

Prescription & Over-the-Counter Medications and DWI

Many drivers assume that prescribed or over-the-counter (OTC) medications are safe for driving. However, some medications can cause drowsiness, dizziness, or impaired coordination, leading to a DWI charge.

Can You Get a DWI for Driving on Prescribed Medications?

• Yes. Texas law does not differentiate between illegal drugs and legally prescribed medications when it comes to impaired driving. Even if you are following your doctor's instructions, you can be arrested if the medication affects your ability to drive safely.

Common Prescription Drugs That Can Lead to Impairment Charges

Some of the most common medications that can impair driving include:

• Painkillers (OxyContin, Vicodin, Codeine)
• Anxiety Medications (Xanax, Valium, Ativan)
• Sleep Aids (Ambien, Lunesta, Benadryl - OTC)
• Muscle Relaxers (Flexeril, Soma, Baclofen)

How to Protect Yourself If You Rely on Necessary Medications

If you take prescription medication and need to drive, consider these precautions:

• Read warning labels to check for drowsiness or dizziness side effects.
• Test how a new medication affects you before getting behind the wheel.
• Carry your prescription with you to prove legal use.
• Talk to your doctor about safer alternatives if your medication affects driving ability.

Field Sobriety & Chemical Testing in Drug DWI Cases

Texas law enforcement relies on field sobriety tests (FSTs) and chemical tests to determine drug impairment. However, these methods are not always accurate.

Standard Field Sobriety Tests (FSTs) and Their Reliability

Police officers use three standardized tests to assess impairment:

• Horizontal Gaze Nystagmus (HGN): Checks for involuntary eye movements.
• Walk-and-Turn: Evaluates balance, coordination, and ability to follow instructions.
• One-Leg Stand: Tests stability and physical control.
• These tests are not foolproof—medical conditions, anxiety, fatigue, and even bad weather can cause a sober person to fail.

What Happens If You Refuse a Blood or Urine Test?

Under Texas Implied Consent Law, refusing a chemical test comes with automatic penalties:

• First refusal: 180-day license suspension.
• Second refusal (or prior DWI): 2-year suspension.
• Police can request a warrant to force a blood test if they suspect impairment.

Can You Challenge the Results of a Drug Test?

Yes, drug tests are not always reliable and can be challenged in court. Common defense strategies include:

• Questioning lab procedures—mishandling or contamination can lead to inaccurate results.