Drug-Related DWIs in Texas: No Alcohol, Still Charged?
Drug-Related DWIs in Texas: You Can Be Charged Without Drinking a Drop
Police do not need a breath test — and prescription medications can still trigger arrests.
What Is a Drug DWI?
Texas Penal Code §49.04 defines DWI as operating a motor vehicle in a public place while intoxicated. “Intoxicated” means either:
- Loss of normal mental or physical faculties due to alcohol or drugs
- BAC of .08+ — but BAC is not required for a drug DWI
There is no legal limit for drugs — even legal medication — so officers rely heavily on behavior and opinions.
What Substances Lead to Drug DWI Arrests?
- Prescription medications (Xanax, Ambien, painkillers)
- Marijuana — always illegal to drive impaired
- Stimulants (Adderall, cocaine, methamphetamine)
- CBD or Delta-8 products
- Combination impairment (alcohol + medication)
Even when legally prescribed, drugs can impair driving — and officers are trained to arrest rather than risk public safety.
Why These Cases Are Harder for Prosecutors
Blood results don’t automatically prove intoxication. A number in your system does not mean you were impaired at the time of driving. We attack:
- Pharmacology assumptions — drugs affect everyone differently
- Lab delays — samples can degrade or ferment
- Untrained interpretation — officers aren’t toxicologists
- Lack of correlation between lab values and driving behavior
Prosecutors often rely on officers portraying “drug impairment signs” that can be caused by anxiety, fatigue, or medical conditions.
Drug Recognition Experts (DREs): Not True Experts
Some officers hold a “Drug Recognition Expert” designation. Despite the name, they are not forensic scientists — just police trained in a structured 12-step observation process.
We expose flaws such as:
- Inaccurate symptom interpretation
- Bias after the officer already decided to arrest
- Failure to consider physical and mental health issues
Juries are not impressed when “science” boils down to opinions.
Defensive Strategies That Work
- Show normal driving and bodycam behavior inconsistent with impairment
- Highlight normalization of balance after shoes/jacket removed
- Use medical records to explain symptoms
- Challenge the blood draw process and analysis
Many Montgomery County drug DWI cases collapse under scientific scrutiny.
The stakes are high — protect your future now.
Drug DWIs are taken seriously in Texas, even without alcohol. Fight back early.
Call the Law Office of Timothy Rose, PLLC: (936) 777-4891