What is the DWI Drugged Driving Myth?

There are many myths surrounding the DWI laws in Texas. Criminal attorneys in Houston often hear about situations that could have been prevented if the client had a clearer understanding of the law. No where is this truer than with the third DWI Myth: Drugged Driving Myth. We hope that this miniseries clarifies any remaining misunderstandings when it comes to Texas DWI laws.

Drugged Driving Myth 

People find it confusing that Texas DWI law does not differentiate between illegal drugs and lawfully prescribed medication. Sadly, they get arrested for DWI because they simply followed their doctors’ orders. In regard to drugs, we think that the term “junk science” is a great way to describe the tools used by police scientists and government experts.

For example, some officers are called “Drug Recognition Experts” (DREs) when they are not experts at all. They have some limited training concerning drugs, but their level of knowledge is far from that of an expert. The State gives them that title in the hopes that a jury would find them more credible. By the same token, government toxicologists are pseudo scientists who often try to correlate a drug level to a measurement of intoxication, similar to .08 and alcohol measurements. Note, however, science tells us people develop tolerance to drugs which, after time, lose its potency. That is why a person prescribed depression medication has to change the dosage so often.

Battling the DWI Myths

A typical DWI prosecutor analyzes a case by looking at a cold police officer report that describes a driver’s performance on police motor skill exercise testing, and perhaps, the results of a forensic breath or blood test. They take a one-size-fits-all approach to reviewing intoxication. A good lawyer recognizes the unfairness of the one-size-fits-all approach. They know that all people are not alike in their mental and physical abilities. A good defense lawyer defends your right not to be average but to be “you.” You have a right to be judged for who you are–for what is normal for you, not some fictitious average person.

Be sure to check out other DWI myths: 

Loss of Normal Use Myth

Blood and Breath Testing Myth 

Accordingly, if you find if you were wrongly arrested because you failed a police physical or breath/blood test, it may not be you that is the problem, but rather, it may be the test! Call us 24/7 at (713) 597-5934 to speak to an attorney.