As discussed in the first two parts of this series, 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. It is our hope that the final installment of this miniseries clarifies any remaining misunderstandings when it comes to Texas DWI laws.
Drugged Driving – Myth No. 3
Our Houston DWI attorneys find that one of the most confusing facts to citizens is that Texas DWI law does not differentiate between illegal drugs and lawfully prescribed medication. Sadly, many citizens get arrested for DWI because they simply followed their doctors’ orders.
In regard to drugs, the term “junk science” is often associated with 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 gave them that title in the hope that a jury would find them more credible; another example concerns government toxicologists.
These pseudo scientists 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 potency. That is why a person prescribed depression medication has to change the dosage so often.
Trichter & LeGrand
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 utilize a “one size fits all” approach to reviewing intoxication.
Good defense lawyers in Houston recognize the unfairness in a one size fits all approach. They know that all people are not alike in their mental and physical abilities. It is the good defense lawyer who defends your right not to be average but to be “you.” Every citizen has a right to be judged for who they are, to be judged to what is normal for them, and not judged by some fictitious average person.
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!