In Texas, Driving While Intoxicated for Drugs is prosecuted under the same statute as Driving While Intoxicated, or DWI. There is not a different crime because the intoxicating substance was something other than alcohol, despite many people thinking it is a separate crime.
DWI Charges where somebody is seriously injured or killed are felonies. A DWI case if you have twice been convicted of DWI is also a felony offense. Otherwise, DWI for Drugs would be treated as a misdemeanor.
Sometimes a case of Driving While Intoxicated for Drugs also has an alcoholic component. Sometimes, it’s just about drugs. In either case it is important to hire someone who understands the science behind how a lab will look for intoxicants in your body.
BLOOD TESTING PROCESS
If the state took your blood as evidence for a Driving While Intoxicated for Drugs case, they will use a process called gas chromatography. Some people think that just because the state took your blood they will automatically look for any drugs in your system. This is not actually true.
The process of preparing a blood sample for analysis requires different chemicals be added depending on which substance they are testing for. The preparation for cocaine requires a different internal standard and a different column in the gas chromatograph. What does this mean for you? Well the more complicated the process, the more opportunities for the government to make a mistake.
Many complicated issues can arise when the government is trying to use your blood against you in a Driving While Intoxicated for Drugs case. Did the lab leave your blood out for too long with no refrigeration? Did they use expired chemicals? Did they calibrate the machine? When did they calibrate the machine? Did they prepare the sample the same way they are supposed to? Did they switch your vial with another person’s?
But, imagine if your lawyer doesn't understand the process. How is he ever going to exploit those possible mistakes for you? If he or she doesn't understand these processes, how will they convince a jury that you are not guilty and the lab made a mistake?