Houston DWI Drugs Lawyer
Not all arrests for Driving While Intoxicated (DWI) involve alcohol. It is illegal to drive in Texas while under the influence of other mind-altering substances as well. The government can charge someone with DWI for driving while under the influence of both legal pharmaceuticals and illegal drugs. Proving a DWI drug offense can be much more difficult, however, and with the help of a smart and savvy DWI defense attorney, you can ensure that the government has their work cut out for them.
Call a seasoned Houston DWI drug defense lawyer at Ayson Law Firm after your DWI drug arrest to start building your defense immediately. We can help you keep your license, your livelihood, and your freedom.
Common DWI Drugs
The government does not need to prove that a defendant was under the influence of an illegal drug to pursue DWI charges. They need only show that the defendant’s ability to drive and faculties were impaired due to the consumption of any controlled substance. Some of the common drugs that give rise to DWI charges in Houston include the following:
- Prescription drugs, including:
- Xanax
- Nyquil
- Ambien
- OxyContin
- Morphine
- Percocet
- Lortab
- Street drugs, including:
- Marijuana
- Cannabis
- Heroin
- PCP
- Cocaine
- Psilocybin (Mushrooms)
- Methamphetamines
- LSD (Acid)
- GHB
Defending Against DWI Charges
Whether you are charged with DWI alcohol or DWI drugs, you have defenses available to you. You may be able to demonstrate that you did not know you were intoxicated, that you were driving against your will, or that the police committed some error in the course of your arrest. Any of these defenses can reduce or even eliminate your charges.
With the help of a savvy and talented Texas DWI defense attorney, you may be able to claim defenses including:
- You were driving drunk out of necessity (e.g., you needed to take someone to the emergency room)
- You were not aware you were intoxicated (e.g., you did not know your prescription caused intoxication, or that the beverage you consumed was alcoholic)
- An officer told you to drive home
- You were forced to drive against your will
- You did not consent to drinking or consuming drugs (e.g., you were slipped a drug, or threatened into consuming alcohol or drugs)
- You were not driving the vehicle
You may also defend against your DWI charges by proving the police committed an error or other misconduct in the course of your arrest. Common police errors include:
- Unlawful traffic stop
- Inaccurate or uncalibrated breathalyzer
- Improper chain of custody on blood tests, or other errors with your tests
- The blood test was conducted without your consent or a warrant
If the police detain you unlawfully, or if the government otherwise botches their case, then you can have evidence excluded and potentially get your entire case dropped. The seasoned DWI defense attorney at Ayson Law Firm is prepared to help you build your defense.
DWI Drug Testing in Houston
To prove that a driver was intoxicated, the police will have to administer a blood or breath test. Breath tests will typically pick up alcohol only. The police will thus need to conduct a blood test to detect the presence of other substances, which they are likely to request if a driver fails a field sobriety test.
Note that individuals in Texas have the right to refuse to take a blood test. According to section 724.013 of the Texas Transportation Code, a blood test cannot be taken from an individual without their consent, except in certain circumstances (generally involving prior DWI convictions or accidents) or if the officers have a valid search warrant. Refusing to take a blood test can lead to license suspension for 180 days, however, even before securing a DWI conviction, unless you win an ALR hearing. If you have prior DWI convictions, you could face an even longer suspension simply for refusing to submit to a blood test.
Get Help Fighting DWI Drug Charges in Houston
If you have been arrested for DWI or DUI in Texas, you need to call a qualified DWI defense lawyer as soon as possible to protect your rights. The sooner you call, the stronger your defense will be. We can help you avoid the most serious consequences of a DWI conviction, protect or reinstate your driver’s license, and avoid incarceration. Speak with a dedicated Houston DWI drug defense lawyer at Ayson Law Firm today for a free consultation about your Texas DWI charges.