A discussion on drugged driving requires we utilize the definition of “Intoxicated” as set out in the Texas Penal Code. “Intoxicated” means:
(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body
The definition of “Intoxicated” merely references the introduction of a drug without further explanation of the definition of “drug” or what level of a drug determines Intoxication. Unlike alcohol, drugged driving does not have a per se limit.
Instead, it requires the proof of the defendant “not having the normal use of mental or physical faculties by reason of the introduction of the … drug.”
The prosecution may attempt to prove that you were intoxicated by:
- Introducing video of the cars movement prior to the officer pulling over the vehicle,
- The officer’s testimony of how the driver smelled, any statements made, and observations of appearance,
- Standardized Field Sobriety Tests, and
- Video of the driver in the patrol car and jail after arrest.
This level is more difficult for the prosecution to prove than a per se limit. However, although more difficult, a blood test indicating that the defendant was on or had recently been on drugs requires the knowledge of an experienced DWI attorney to increase the chance of a more preferable outcome.