In the state of Texas, you may be charged with DWI if you are found to be driving under the influence of drugs. This may be true even if you are found to be impaired by a medication that was legally prescribed to you by a doctor. In some cases, you may be taken into custody if trace amounts of a controlled substances are found in your body but you aren’t showing signs of impairment.
Multiple states have drugged driving per se laws
If a state has a drugged driving per se law, you could be taken into custody simply because a drug has been detected in your system. Generally speaking, such a law doesn’t take into account the amount of the drug that was detected, the type of drug that was detected or your level of impairment. According to the NHTSA, it is impossible to determine how much of a given substance you would have to consume to increase your risk of getting into an accident.
Urine or blood tests generally detect drugs in your system
A police officer who suspects that you may be under the influence of drugs may ask you to submit to a blood or urine test. A drug recognition expert may also be called to the scene of a traffic stop to look for signs of impairment such as unusual behavior or unusual eye movements.
How drugs may impair your ability to drive
Drugs such as marijuana or cocaine may lead to an elevated heart rate and an inability to perceive where you are in relation to other objects. If you are under the influence of LSD, you may hallucinate or otherwise place yourself into an altered state of awareness.
If you are charged with a drug DWI in Texas, it may be a good idea to consult with a criminal law attorney. Counsel may be able to dispute the results of a blood test or argue that you weren’t knowingly under the influence of a controlled substance while operating your vehicle.