Can I be Charged with DWI for Driving after Using Drugs?
In Texas you can be charged with DWI for driving after using drugs. Even though there is no “legal limit” like alcohol, you can be arrested if the officer believes you have lost the normal use of your physical or mental faculties.
My name is Eric Benavides and I’m a Texas criminal defense lawyer.
I want to speak to you today about a question I’ve been receiving more as of late. Can an individual be convicted of DWI after using drugs and the answer is yes.
In Texas, the state can prove intoxication three ways…
- One if you have a blood-alcohol concentration of over point zero eight which you would not have in a case involving drugs
- if the person lost the normal use of their mental faculties
- if the person lost the normal use of their physical faculties
…and that’s where we have the problem. In drug cases, many times blood is taken and if they show that there are drugs in your system or if you admit to using drugs they can try to determine whether those drugs caused you to lose your normal mental or normal physical faculties.
Usually, they will incorporate the evidence they have including the police report, the observations of the officer and the video.
But the answer is yes if you lost the normal use of your mental or physical faculties by introducing drugs in your system you can be charged with DWI.