Are Drug-Related DWI Cases Increasing in Number?
San Antonio Drug Related DWI Lawyer
Interviewer: Of the cases you handle, what percentage are alcohol related versus prescription drug or illegal drug related?
Gary: Right now I’d say 90% of them are alcohol related. I’m starting to get more drug related cases because they’re getting more sophisticated on what they can screen to show narcotics in the blood. A breath test will not reveal that.
If the Officer Suspects Drug Use, You Will Be Asked to Undergo a Blood Test to Screen for Drugs
Currently, if drug use is suspected, what the officer will do is they give you a breath test and it comes back 000 then they ask you to submit to a blood test or get a court order to compel you to do a blood test. The lab will perform a toxicology screen on the blood sample for narcotics at that point.
I see many cases attributed to Xanax because people don’t realize how much it affects them. Especially any kind of opiates with Xanax is basically a cocktail that you don’t want to have in your system. This is because I’ve had two or three of cases that involved very bad accidents when the driver was on that drug combination.
Interviewer: Do you see Ambien or what other prescription drugs are popular?
Gary: I primarily see cases where the driver has ingested an opiate like hydro-codeine combined with a Xanax, or alcohol and a Xanax.
Are Drug-Related DWI Cases Defensible?
San Antonio Drug Related DWI Attorney
Interviewer: Are drug-related DWI cases harder or easier to defend?
Gary: Drug cases are usually hard to defend because juries can understand going to a bar to have a drink. A lot of juries can’t understand doing a joint or popping a pill.
Texas Is Not a Medical Marijuana State
Interviewer: There are no medical marijuana laws in Texas currently?
Texas Has Strict Penalties for Drug Possession
Gary: No, there’s no marijuana period in Texas. The charge is Class D Misdemeanor up to 100 days in jail if you’re caught with the remainder of a joint in your car. You will be charged even if the remainder is burnt down and there may be just a very little amount left in it, zero to two ounces of marijuana is charged as a Class D Misdemeanor and you go to jail.
If the drug is discovered on your premises you can be facing a year in jail, so they don’t take the matter lightly. If you are found to have over four ounces of marijuana, the charge becomes a felony.
Interviewer: In some states the penalties are less serious. What is the climate in Texas?
Gary: Yes, in some states possession charges are a slap on the wrist but not in Texas.