Cocaine DWI Lawyer
There are many controlled substances that can lead to a DWI arrest, including cocaine among them. Most people get arrested for alcohol-related DWI, but drug-related DWIs from both prescription and illegal drugs are becoming much more common. Police are serious about making arrests and prosecutors throughout Texas are serious about securing convictions. If police arrest you for DWI but rule out intoxication by alcohol, an investigation will begin to uncover evidence of intoxication by either prescription or illegal drugs.
Problems with Proving a Cocaine DWI
There are a multitude of difficulties in proving these cases. It depends on the facts, but they often are winnable cases. However, these cases are also among the most complicated to defend. You need a criminal defense lawyer who is skilled at exposing the weaknesses and raising doubt in driving under the influence of drug cases. In addition, you also need an attorney who is up for the fight. These cases involve a great deal of scientific evidence. Raising doubt takes a great deal of knowledge about the science. This means having a deep understanding of how your blood is tested for drugs, how the machine works, and how to challenge it.
Cocaine is Different and More Difficult to Prove than Alcohol
As most people know, it is illegal to operate a motor vehicle with a blood alcohol concentration of more than 0.08%. This is not the case with drugs like cocaine and others. Unlike alcohol, there is no statutorily established amount of cocaine in a person’s system to indicate intoxication. The presence of cocaine in a person’s bloodstream doesn’t mean that a person is intoxicated, because everyone’s body is different.
Cocaine Affects Everyone Differently
The State must prove beyond a reasonable doubt that a person has lost control of their physical or mental faculties while operating a motor vehicle. The fact is that illegal and prescription drugs affect people differently, and often dramatically differently. People can develop a tolerance to drugs. This is true for cocaine, and it’s also true for all other prescription or illegal drugs as well.
The Drug Recognition “Expert”
If you are suspected of driving while intoxicated, arrested, then consent to giving the police a breath test which turns up negative for alcohol, police will suspect drugs and you may get to meet a drug recognition expert. After this breath test, you will be evaluated for intoxication by drugs. This “expert” is really not an expert in any way, shape, or form. The drug recognition expert, or DRE, is not a medical professional, or scientist. The DRE does not have to have medical license or even a college degree in medicine or science. Furthermore, the DRE is not even The DRE is a police officer who has taken a 40 hour class to get certified. This is an exam designed for cops, by cops. The drug recognition evaluation can be rigorously challenged. It is crucial for many reasons to hire an attorney who is seasoned and skilled in these kinds of cases. Call me today.