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Drug DWI

Dallas Drug DWI Lawyer

Arrested for a Drug-Related DWI in Dallas, TX?

If you've been arrested for driving while intoxicated due to drugs in Texas, you must have experienced legal representation on your side. At Law Office of Patrick J. McLain, PLLC, our Dallas drug DWI attorneys understand the complexities of these charges and are committed to protecting your rights, freedom, and future. Whether you were arrested for driving under the influence of prescription medication or an illegal substance, our team is ready to help you fight the charges.

Call (214) 238-9392 or contact us online today to request a confidential consultation with our Dallas drug DWI attorney.

What Is a Drug DWI in Texas?

In Texas, you can be charged with DWI (Driving While Intoxicated) not only for alcohol impairment but also for operating a motor vehicle while impaired by drugs—legal or illegal. A drug-related DWI (sometimes referred to as a DUID—Driving Under the Influence of Drugs) occurs when a driver is unable to operate a vehicle safely due to the influence of any controlled substance.

Unlike alcohol-related DWIs, there is no legal “limit” (like the 0.08% BAC threshold) for drug impairment. Instead, law enforcement and prosecutors rely on observed behavior, field sobriety tests, Drug Recognition Experts (DREs), and blood or urine tests to prove impairment.

Common Types of Drugs Involved in DWI Cases

Many people mistakenly believe that only illegal drugs result in a DWI. In reality, any substance that impairs your ability to drive safely can lead to a charge. Common types of drugs involved in Texas DWI cases include:

Illegal Substances

  • Marijuana (THC)
  • Cocaine
  • Methamphetamine
  • Heroin
  • LSD or hallucinogens
  • MDMA (Ecstasy)

Prescription Medications

  • Oxycodone, Hydrocodone, or other opioids
  • Xanax, Valium, and other benzodiazepines
  • Adderall and Ritalin (especially if abused)
  • Ambien and other sleep aids

Over-the-Counter Drugs

  • Diphenhydramine (Benadryl)
  • Certain cold or flu medications
  • Diet pills or energy supplements

Even if you have a valid prescription, you can still be charged with a DWI if the medication affects your ability to drive safely.

Texas Drug-Related DWI Laws

Texas Penal Code § 49.04 defines DWI as operating a motor vehicle in a public place while intoxicated. "Intoxication" includes the impairment of mental or physical faculties due to alcohol, drugs, a combination of both, or any other substance.

Unlike alcohol-based DWIs that rely heavily on breathalyzer tests, drug DWI charges depend on evidence like:

  • Field sobriety test results
  • Driver behavior and physical appearance
  • Admissions of drug use
  • Blood or urine toxicology results
  • Testimony from a Drug Recognition Expert (DRE)

Penalties for Drug DWI in Texas

Penalties for a drug DWI are just as serious as alcohol-related charges and may include:

  • First offense: Up to 180 days in jail, $2,000 fine, license suspension up to 1 year
  • Second offense: Up to 1 year in jail, $4,000 fine, license suspension up to 2 years
  • Third offense: 2–10 years in prison, $10,000 fine, license suspension up to 2 years

Additional consequences include:

  • Mandatory drug education programs
  • Installation of an ignition interlock device (IID)
  • Probation or community service
  • A permanent criminal record

A conviction can also affect employment, housing, and professional licensing.

Proving Impairment

Law enforcement determines impairment in a drug-related DWI arrest using a combination of observations, field tests, and chemical analysis. Initially, officers look for signs such as erratic driving, slurred speech, bloodshot eyes, or unusual behavior. During a traffic stop, they may conduct Standardized Field Sobriety Tests (SFSTs), which evaluate balance, coordination, and cognitive function.

If drug impairment is suspected rather than alcohol, a specially trained Drug Recognition Expert (DRE) may be called to perform a 12-step evaluation, including vital signs, eye examinations, and divided-attention tasks. The DRE process is highly structured and also considers factors such as muscle tone, pupil size, and the driver’s statements about drug use. These steps help distinguish between different categories of drugs and strengthen the case for impairment.

Officers may also request a blood or urine test to detect the presence of controlled substances. Unlike alcohol-related DWIs, which rely heavily on breath tests, drug-related cases often require toxicology results combined with officer testimony to establish impairment. This multi-step approach ensures the evidence is strong enough to support an arrest and potential prosecution.

Dallas County Drug & DWI Court

In Dallas County, the traditional Drug Court Program is usually for drug possession or related nonviolent offenses, not for DWI cases.

However, Dallas County operates a separate specialty court for impaired driving cases, called the DWI Court Program. This program is designed for individuals who have multiple DWIs or who show signs of substance abuse that contribute to impaired driving.

Dallas County Drug Court

The Drug Court Program is an alternative to traditional prosecution for people charged with certain nonviolent drug-related offenses. Instead of jail, participants enter a treatment-focused program aimed at breaking the cycle of addiction and crime.

  • Eligibility: Generally limited to nonviolent offenders facing drug possession or related charges. Violent crimes, drug trafficking, and most DWI cases are excluded.
  • Program Requirements: Participants must attend substance abuse treatment, undergo frequent and random drug testing, meet regularly with probation officers, and appear before the judge for progress checks.
  • Length: Typically 12–18 months.
  • Outcome: Successful completion may lead to reduced charges, probation in lieu of jail, or even case dismissal, depending on the case.

Dallas County DWI Court

The DWI Court Program is a specialized court for individuals with repeat DWI arrests, including those involving alcohol or drugs. It’s designed to reduce repeat impaired driving by treating the underlying substance abuse issues.

  • Eligibility: Usually for people with 2 or more DWIs who are identified as having alcohol or drug dependency. Violent offenders or those with serious felony histories are excluded.
  • Program Requirements: Intensive supervision, substance abuse treatment, random testing, installation of an ignition interlock device, frequent court appearances, and mandatory support group attendance (like AA or NA).
  • Length: Usually 12–24 months.
  • Outcome: Successful completion can reduce the risk of jail time, lower probation requirements, and help participants regain driving privileges under strict monitoring.

Drug DWI FAQs

Can I be charged with a DWI for using legal prescription medication?

Yes. Even if the drug is legally prescribed, you can be arrested for DWI if it impairs your ability to drive.

What if I didn’t consent to a drug test?

Texas has an “implied consent” law. Refusing a blood or urine test after a lawful arrest can lead to an automatic driver’s license suspension—even if you’re not convicted.

Do I need a lawyer if it’s my first offense?

Absolutely. A first-time drug DWI still carries serious penalties, including jail time and a permanent criminal record. A skilled DWI lawyer can often reduce or dismiss the charges.

What if marijuana is legal in other states?

Marijuana is still illegal in Texas for recreational use, and driving under its influence can lead to a DWI—regardless of where it was legally purchased.

How long does a drug DWI stay on my record?

A drug DWI conviction stays on your record permanently and can affect employment, insurance, and housing opportunities. In some cases, you may be eligible for expungement or a non-disclosure order.

Why You Need a Dallas Drug DWI Attorney

Drug-related DWI cases are highly technical and often rely on subjective evidence. Unlike alcohol-based charges, there is no clear-cut number to prove intoxication. This makes them more defensible—but only if you have a knowledgeable lawyer.

At Law Office of Patrick J. McLain, PLLC, our experienced Dallas drug DWI lawyers know how to:

  • Challenge the legality of traffic stops and searches
  • Question the accuracy of toxicology results
  • Cross-examine DRE testimony
  • Highlight issues with field sobriety testing
  • Argue for the dismissal or reduction of charges

We tailor our defense strategies to the unique facts of each case. Whether it’s your first offense or a repeat charge, we’re here to fight for the best possible outcome.

Contact our Dallas drug DWI lawyer today at (214) 238-9392 for a consultation.

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