DWI Drug Defense Lawyers In Leon Valley

Charged with Drug-Related DWI in Leon Valley? Call (210) 893-0000 for Aggressive Defense.

Facing a DWI charge in Leon Valley involving drugs or controlled substances can be overwhelming. You’re probably asking: Can I beat these charges? Should I just plead guilty? Will this affect my job, license, or record forever? You’re not alone—and you do have options.

Every year, more than 24,000 DWI-related crashes occur in Texas. But not all DWIs involve alcohol. In fact, many drivers are arrested and charged with DWI due to prescription drugs, marijuana, or controlled substances—even when no alcohol is present in their system.

Texas law allows for DWI charges if any substance impairs your mental or physical faculties, including legal medications. Unfortunately, officers and prosecutors often push these charges without solid evidence of actual impairment.

That’s why you need a experienced Leon Valley drug DWI lawyer on your side. At Ried Pecina Trial Lawyers, we know the law, we know the courts, and we know how to fight these cases.

Why Hire Ried Pecina Trial Lawyers for Your Drug DWI Case in Leon Valley?

• Local Experience: We understand how Leon Valley police investigate and charge drug DWIs.
• Focused DWI Defense: We don’t just dabble in criminal law—we aggressively defend intoxication-related charges across South Texas.
• Knowledge of Drug Impairment Science: From blood testing to field sobriety flaws, we challenge weak evidence and protect your rights.
• Immediate Help Available: Call us now at (210) 893-0000 to protect your license and your future.

What Is a Controlled Substance DWI in Leon Valley, TX?

In Leon Valley and throughout Texas, a DWI isn’t limited to alcohol-related arrests. Under Texas law, a person can be arrested for DWI if they are considered intoxicated due to drugs, alcohol, or a combination of the two. This includes both illegal controlled substances and certain prescription medications that impair driving ability.

Legal Definition of Intoxication in Texas

Texas Penal Code § 49.01 provides a broad definition of “intoxicated.” A person is legally intoxicated if they either:

• Have a blood alcohol concentration (BAC) of 0.08% or higher, or
• Have lost the normal use of their mental or physical faculties due to alcohol, a controlled substance, a drug, or a combination of substances.

Importantly, prosecutors do not need to prove you were drunk to convict you of a DWI. If law enforcement believes that your driving was impaired because of drug use—even if the drug was legally prescribed—you can still be charged and convicted.

This means that even a small amount of a controlled substance in your system could lead to serious legal trouble if officers claim it affected your ability to safely operate a vehicle. At Ried Pecina Trial Lawyers, we understand the science, the law, and the strategies required to challenge these allegations effectively in Leon Valley courts.

How Are Drivers Tested for Controlled Substances in Leon Valley, TX?

Unlike alcohol-related DWIs, drug-related DWI arrests in Leon Valley do not rely on a clear numerical threshold like a blood alcohol concentration (BAC) of 0.08%. Under Texas law, there is no specific legal limit for the presence of a controlled substance that automatically proves intoxication. This creates serious complications and gives law enforcement and prosecutors broad discretion.

In drug-related DWI cases, officers often rely on blood or urine tests to check for the presence of controlled substances. But here’s the problem: a positive drug test does not prove impairment. Many drugs can stay in a person’s system for hours, days, or even weeks after use—long after their impairing effects have worn off.

Despite this, prosecutors may still attempt to use the mere presence of a drug in your system—without evidence of actual impairment—as proof that you were intoxicated while driving. This approach is highly flawed and often challenged by experienced DWI defense attorneys.

At Ried Pecina Trial Lawyers, we know how to expose weaknesses in drug testing procedures and the assumptions prosecutors make. In Leon Valley courts, we fight back against unreliable interpretations of blood or urine test results and push back on junk science used to convict drivers without real evidence of impairment.

What Are the 12 Drug Recognition Expert (DRE) Protocol Steps in a Drug DWI in Leon Valley, TX?

When a driver in Leon Valley is suspected of driving under the influence of drugs rather than alcohol, law enforcement may rely on a controversial evaluation method known as the Drug Recognition Expert (DRE) Protocol. Unlike a standard DWI involving alcohol—where a BAC of 0.08% offers a legal threshold—there is no objective scientific measurement to determine drug intoxication. As a result, officers often fall back on this 12-step DRE process, which is highly subjective and open to legal challenge.

Originally developed by the Los Angeles Police Department in the 1970s and later standardized by the National Highway Traffic Safety Administration, the DRE protocol is now overseen by the International Association of Chiefs of Police. However, many courts across the U.S.—and some in Texas—recognize the protocol’s unreliability, especially when it’s used to give expert opinions in court.

Here’s a breakdown of the 12 steps involved in a typical DRE evaluation:

1. BAC Breath Test: The process begins with a breathalyzer test to measure the driver’s blood alcohol concentration. If the result is 0.08% or lower but the officer still believes the driver is impaired, a DRE is called to assess possible drug intoxication.

• Interview of the Arresting Officer: The DRE begins by interviewing the arresting officer to gather information about the suspect’s driving behavior, appearance, speech patterns, attitude, and any observed physical or mental impairments during the stop.

• Preliminary Examination and First Pulse Check: The DRE conducts a brief physical assessment and checks the suspect’s pulse for the first time. The officer also looks at coordination, speech clarity, eye contact, and other cues that might indicate impairment.

• Eye Examination: The DRE evaluates the suspect’s eyes using two key tests: Horizontal Gaze Nystagmus (HGN) and Vertical Gaze Nystagmus (VGN). These tests look for involuntary jerking of the eyes or lack of smooth pursuit, which may indicate drug influence.

• Divided Attention Psychophysical Tests: The DRE administers field sobriety tests to assess the suspect’s ability to divide attention between mental and physical tasks. Common tests include the Walk and Turn, One Leg Stand, Romberg Balance, and Finger to Nose test.

• Vital Signs and Second Pulse Check: After the psychophysical tests, the DRE records vital signs such as blood pressure, body temperature, and takes the pulse a second time to spot physiological changes associated with certain drugs.

• Dark Room Pupil Examination: The DRE uses a pupilometer to examine how the suspect’s pupils react to different lighting conditions. The officer looks for abnormal dilation or constriction that may suggest drug use.

• Muscle Tone Assessment: Certain drugs affect muscle tone. The DRE evaluates whether the suspect’s muscles are flaccid (loose), rigid (tight), or within normal range, as this can indicate central nervous system stimulants or depressants.

• Search for Injection Sites and Third Pulse: The DRE inspects the suspect’s arms, neck, and other areas for evidence of recent drug injection (track marks) and takes the pulse for a third time to establish physiological trends.

1. Suspect’s Statement and Observation: After being read their Miranda rights, the suspect may be asked about their drug history, prescriptions, and medical conditions. Any answers are recorded and used as part of the evaluation.

1. DRE’s Opinion: The officer then compiles all of the observed data to form an opinion on whether the suspect is impaired, and if so, what category of drug (e.g., CNS depressant, hallucinogen, stimulant, etc.) may be the cause.

1. Toxicology Sample Collection: Finally, the DRE requests a voluntary blood, urine, or saliva sample for lab testing. While this is supposed to confirm the officer’s opinion, it often creates more legal questions—especially if the evaluation was flawed.

Why Is the DRE Process Problematic?

Despite its formal appearance, the DRE protocol is not based on universally accepted scientific standards. It relies heavily on subjective observations and officer interpretation. This means that innocent people—especially those taking legal prescription medications—can be wrongfully accused of drug-based DWI.

At Ried Pecina Trial Lawyers, our Leon Valley DWI defense attorneys know how to scrutinize every part of a DRE evaluation. We challenge the credibility of the officer’s observations, the administration of field tests, and the legality of any subsequent searches or arrests.

Common Drugs Involved in Controlled Substance DWIs in Leon Valley, Texas

In Texas, controlled substance DWI arrests can involve a wide range of drugs—both illegal narcotics and prescription medications. Unlike alcohol, which has a clearly defined blood alcohol limit under Texas law, the mere presence of a drug in your system can lead to a DWI charge, even if you were not impaired at the time of the stop.

Below are some of the most common substances associated with controlled substance DWI arrests in Leon Valley and across Bexar County:

• Ketamine – A dissociative anesthetic that causes sensory distortion and cognitive disconnection.
• Marijuana (THC) – Though legal in some states, marijuana remains illegal for recreational use in Texas, and its psychoactive effects can be used as the basis for a DWI.
• Amphetamines & Methamphetamine – These central nervous system stimulants can lead to erratic driving behavior, paranoia, and overconfidence behind the wheel.
• Heroin – A highly addictive opioid that drastically impairs motor skills, alertness, and consciousness.
• Cocaine – A powerful stimulant known to increase heart rate, aggression, and impulsivity.
• Methadone – A synthetic opioid used for pain management or addiction treatment but capable of impairing cognitive and motor function.
• Hydrocodone, Morphine, Opium, Oxycodone – Common prescription opioids that can significantly affect your driving ability, especially when mixed with alcohol or other drugs.
• MDMA (Ecstasy/Molly) – A synthetic stimulant and hallucinogen that alters perception, emotional responses, and reaction times.
• Dextromethorphan (DXM or DM) – Found in some over-the-counter cough medications; in high doses, it can cause intoxication and hallucinations.
• Flunitrazepam (Rohypnol) – Also known as a “date rape” drug, this powerful sedative is illegal in the U.S. and severely impacts memory and motor skills.
• LSD, Mescaline, and Psilocybin Mushrooms – Hallucinogens that can impair judgment, coordination, and perception of time and space.
• Phencyclidine (PCP) – A dissociative drug causing hallucinations, detachment from reality, and violent behavior.
• Gamma-Hydroxybutyric Acid (GHB) – Another central nervous system depressant associated with sedation and unconsciousness.

It’s important to note that many of these substances—including legally prescribed medications—can remain in your system for days or even weeks after the effects have worn off. A positive drug test result does not necessarily mean you were intoxicated or unsafe to drive at the time of the traffic stop. Unfortunately, law enforcement and prosecutors often fail to distinguish between residual traces of a substance and actual impairment.

This is why having a knowledgeable controlled substance DWI attorney in Leon Valley is critical. Your lawyer can challenge both the science behind the drug test and the subjective observations of law enforcement. At Ried Pecina Trial Lawyers, we know how to fight back.

Penalties for Controlled Substance DWI in Leon Valley, Texas

In Texas, being convicted of driving while intoxicated by drugs—whether illegal substances or prescription medications—can have severe and lasting consequences. The penalties depend heavily on whether it’s your first offense or if there are aggravating factors, such as injury, death, or a minor in the vehicle. At Ried Pecina Trial Lawyers, we fight to reduce or eliminate these consequences for our clients across Leon Valley and San Antonio.

First-Time Controlled Substance DWI (Class B Misdemeanor)

If this is your first DWI involving a controlled substance, you may face:

• Up to 180 days in county jail
• Fines up to $2,000
• Driver’s license suspension of up to one year
• Mandatory administrative fines of $3,000 (or $6,000 if BAC was over 0.15%, even though BAC thresholds don’t apply cleanly to drug DWIs)
• Probation, community service, DWI education programs, and possibly installation of an ignition interlock device (IID)

Even a first offense leaves you with a permanent criminal record, which can affect employment, housing, and professional licensing.

Second Controlled Substance DWI (Class A Misdemeanor)

A second DWI offense brings harsher penalties:

• Up to 12 months in jail
• Fines up to $4,000
• License suspension for up to 2 years
• Additional administrative fines of $4,500 (or $6,000 if BAC was over 0.15%)
• Mandatory drug education programs and potential installation of IID

The courts treat second offenses as evidence of a pattern, which reduces the likelihood of leniency.

Third or Subsequent Offense (Felony Charges)

• Third DWI: Third-degree felony, punishable by 2 to 10 years in prison, $10,000 fine, and 2-year license suspension
• Fourth or more DWI: May be charged as a second-degree felony, with 2 to 20 years in prison
• Repeat offenders may face lifetime consequences, including loss of civil rights and habitual offender enhancements

These cases almost always carry felony charges in Bexar County courts, and prosecutors pursue them aggressively.

Felony-Level Enhancements Related to Controlled Substance DWI

Some DWI arrests involving drugs result in additional felony charges due to aggravating circumstances. These charges carry separate and enhanced penalties:

Intoxication Assault – Texas Penal Code § 49.07

If your DWI results in serious bodily injury to another person, you may be charged with intoxication assault, a third-degree felony punishable by:

• 2 to 10 years in prison
• Fines up to $10,000

“Serious bodily injury” is broadly defined to include any injury that creates a substantial risk of death or permanent loss of function. This charge can be added to a controlled substance DWI.

Intoxication Manslaughter – Texas Penal Code § 49.08

If someone dies as a result of a crash caused while you were intoxicated on drugs, you may face intoxication manslaughter, a second-degree felony carrying:

• 2 to 20 years in prison
• Fines up to $10,000

This charge is often filed alongside the original DWI, and conviction can result in decades of incarceration.

DWI with a Child Passenger – Texas Penal Code § 49.045

Driving under the influence of drugs with a child under 15 in the vehicle is a state jail felony with penalties including:

• 180 days to 2 years in a state jail facility
• Fines up to $10,000
• Potential CPS involvement, which can impact child custody

This offense is separate from your drug-related DWI and adds additional criminal exposure.

Don’t Wait—Your Freedom Is at Stake

Controlled substance DWIs in Leon Valley can escalate quickly into multiple felony charges. Whether it’s your first offense or you’ve been charged before, you need an aggressive legal team that understands how to challenge unreliable drug test evidence, flawed DRE protocol, and unlawful traffic stops. At Ried Pecina Trial Lawyers, we fight for your future—call us today at (210) 893‑0000 for a free consultation.

Vehicle Searches in Controlled Substance DWI Arrests in Leon Valley

If you’re stopped in Leon Valley on suspicion of driving under the influence of drugs, it’s important to understand your constitutional rights regarding vehicle searches. Under the Fourth Amendment, police typically need a search warrant to look through your vehicle—unless certain exceptions apply.

When Can Police Search Your Car Without a Warrant?

There are several circumstances under which law enforcement officers may legally search your vehicle without first obtaining a warrant:

1. Probable Cause Exists
   If officers have a reasonable belief—based on objective facts—that evidence of a crime (such as drugs, paraphernalia, or open containers) is inside your car, they can perform a search under the automobile exception to the warrant requirement.
2. You Consent to the Search
   If you give officers verbal or non-verbal permission to search your car, they don’t need a warrant. This is why it’s rarely advisable to give consent—even if you believe you have nothing to hide.
3. Officer Safety Concerns
   If the officer reasonably believes there’s a weapon or another threat to safety within your reach, they may conduct a protective sweep of the passenger area.
4. Search Incident to Lawful Arrest
   If you’re arrested for DWI involving controlled substances, officers can search you and certain areas of your vehicle as part of a search incident to arrest, especially if they believe evidence related to the offense is still inside.

Beware of the “Inventory Search” Trap

Following an arrest, officers often impound your vehicle. As part of that process, they’ll typically conduct what they label as an “inventory search”—ostensibly to document the contents of your car and protect themselves from liability. However, this search can be used as a pretext to look for contraband such as:

• Prescription medications
• Illegal narcotics
• Drug paraphernalia
• Unlawful firearms

If they find anything, it will almost certainly lead to additional criminal charges, including possession, intent to distribute, or weapons violations.

Never Consent to a Search—But Stay Respectful

While it’s important to never physically resist or argue aggressively with an officer during a traffic stop, you also don’t have to make their job easier. You can simply say:

“I do not consent to any searches.”

This short statement may protect your rights and improve your defense options later.

Arrested After a Search in Leon Valley? Call (210) 893‑0000

If you were arrested following a warrantless search of your vehicle or person in Leon Valley or Bexar County, you may have been subject to an unlawful or overreaching police search. At Ried Pecina Trial Lawyers, we have a track record of challenging improper traffic stops, illegal searches, and constitutional violations in controlled substance DWI cases. Call us now at (210) 893‑0000 for a free, confidential consultation.

Drug Possession Charges After a Controlled Substance DWI Arrest in Leon Valley

If you’re arrested for Driving While Intoxicated by a Controlled Substance in Leon Valley, the legal trouble may not stop there. If law enforcement finds illegal drugs or prescription medications without a valid prescription in your vehicle or on your person during the arrest, you could also face serious drug possession charges—on top of the DWI.

At Ried Pecina Trial Lawyers, we understand the life-altering impact these dual charges can bring. A single mistake can result in felony-level consequences, including lengthy prison time, steep fines, and a permanent criminal record.

How Drug Possession Charges Work in Texas

Under the Texas Controlled Substances Act, it is illegal to knowingly or intentionally possess certain drugs without a valid prescription. The seriousness of the charge—and the punishment—depends on:

• The type of drug involved (classified by “Penalty Group”)
• The amount of the substance
• Whether there are aggravating factors, like intent to distribute

Texas classifies controlled substances into six Penalty Groups, ranging from Group 1 (most severe) to Group 4 (least severe). Below is a breakdown of each group and the possible penalties.

Penalty Group 1

Examples: Heroin, methamphetamine, cocaine, oxycodone, hydrocodone (in high doses), methadone, opium

• < 1 gram: State jail felony — 180 days to 2 years in jail, up to $10,000 fine
• 1–4 grams: 2nd-degree felony — 2 to 10 years in prison, up to $10,000 fine
• 4–200 grams: 1st-degree felony — 2 to 20 years in prison, up to $10,000 fine
• 200–400 grams: 1st-degree felony — 5 to 99 years, up to $100,000 fine
• 400+ grams: Enhanced 1st-degree felony — 10 to 99 years, up to $100,000 fine

Penalty Group 1A

Examples: LSD (acid) and LSD derivatives

• < 20 units: State jail felony — 180 days to 2 years in jail, up to $10,000 fine
• 20–80 units: 2nd-degree felony — 2 to 10 years, up to $10,000 fine
• 80–4,000 units: 1st-degree felony — 5 to 20 years, up to $10,000 fine
• 4,000+ units: Enhanced 1st-degree felony — 15 to 99 years, up to $250,000 fine

Penalty Group 2

Examples: Ecstasy, PCP, mescaline, THC oils (including vape pens), Marinol, amphetamines

• < 1 gram: State jail felony — 180 days to 2 years, up to $10,000 fine
• 1–4 grams: 3rd-degree felony — 2 to 10 years, up to $10,000 fine
• 4–400 grams: 2nd-degree felony — 2 to 20 years, up to $10,000 fine
• 400+ grams: 1st-degree felony — 5 to 99 years, up to $50,000 fine

Note: Possession of even a small amount of THC oil in a vape cartridge can result in a felony charge under this group.

Penalty Group 2A

Examples: Synthetic cannabinoids (e.g., K2, Spice), cannabinol derivatives

• < 1 gram: State jail felony — 180 days to 2 years, up to $10,000 fine
• 1–4 grams: 2nd-degree felony — 2 to 20 years, up to $10,000 fine
• 4–400 grams: 1st-degree felony — 5 to 99 years or life
• 400+ grams: Enhanced 1st-degree felony — 10 to 99 years or life

Penalty Group 3

Examples: Valium, Xanax, Ritalin, Clonazepam, lower-dose hydrocodone, Salvia

• < 28 grams: State jail felony — 180 days to 2 years, up to $10,000 fine
• 28–200 grams: 2nd-degree felony — 2 to 10 years, up to $10,000 fine
• 200–400 grams: 1st-degree felony — 2 to 20 years, up to $10,000 fine
• 400+ grams: Enhanced 1st-degree felony — 5 to 99 years, up to $50,000 fine

Penalty Group 4

Examples: Morphine, buprenorphine, pyrovalerone, motofen

• < 28 grams: State jail felony — 180 days to 2 years, up to $4,000 fine
• 28–200 grams: 2nd-degree felony — 2 to 10 years, up to $10,000 fine
• 200–400 grams: 1st-degree felony — 2 to 20 years, up to $10,000 fine
• 400+ grams: Enhanced 1st-degree felony — 5 to 99 years, up to $50,000 fine

You Are Innocent Until Proven Guilty

If you’re facing a drug possession charge in Leon Valley, don’t assume you’re out of options. The prosecution must prove every element of the offense beyond a reasonable doubt. Evidence may be suppressed if:

• The search was illegal or without valid consent
• You didn’t knowingly possess the drug
• The substance wasn’t properly tested or stored
• The amount of the substance is below the prosecutable threshold

At Ried Pecina Trial Lawyers, we’ll examine every detail—from the legality of the search to the reliability of the lab results—to craft the strongest defense possible.

Legal Defenses to Controlled Substance DWIs in Leon Valley, TX

Being charged with a Controlled Substance DWI in Leon Valley doesn’t mean you’re guilty — and it certainly doesn’t mean your case is hopeless. Many drivers are arrested based on flawed, subjective, or unconstitutional procedures, and drug-related DWI charges are often built on questionable evidence. It is entirely legal to have certain substances in your system if they were lawfully prescribed — and a positive test result does not automatically prove impairment at the time of driving.

At Ried Pecina Trial Lawyers, we fight aggressively to suppress unreliable evidence and expose police errors. Below are several powerful defense strategies we use when representing clients facing drug DWI charges in Bexar County and Leon Valley.

1. Lack of Reasonable Suspicion for the Initial Stop

Before pulling you over, a law enforcement officer must have reasonable suspicion that a traffic violation or crime occurred. This could include minor infractions like:

• Drifting over lane lines
• Failing to signal
• Speeding
• Rolling through a stop sign

However, dashcam or bodycam footage may contradict the officer’s version of events. If your attorney can demonstrate that the officer lacked valid cause for the stop, any evidence collected during the traffic stop may be inadmissible in court. This can lead to the entire case being dismissed.

2. No Probable Cause for Arrest or Search

After the initial stop, police must establish probable cause before they can lawfully arrest you or search your car. Probable cause must be based on observable facts—such as:

• Your behavior during field sobriety testing
• Alleged signs of drug use (e.g., dilated pupils, slurred speech)
• The presence of paraphernalia or substances in the car
• DRE evaluation results (Drug Recognition Expert)

But many of these signs are vague, highly subjective, or medically explainable. An experienced Leon Valley DWI attorney will aggressively challenge the legitimacy of this evidence and argue for its suppression if the officer overstepped legal bounds.

3. Constitutional Rights Violations (e.g., Miranda Violations)

Your rights under the U.S. Constitution don’t disappear just because you’re suspected of drugged driving. We often defend clients in Leon Valley by asserting key constitutional protections, including:

• Illegal search and seizure (Fourth Amendment)
• Failure to provide Miranda warnings before custodial interrogation
• Due process violations during arrest or booking

For example, if officers arrested you and placed you in custody but failed to read your Miranda rights before asking about drug use, any self-incriminating statements may be inadmissible in court.

4. Challenging Inaccurate or Improper Testing

Unlike alcohol DWIs, which are often determined by clear BAC thresholds, drug-related DWI cases rely on much more ambiguous testing. The presence of a controlled substance in your blood or urine does not mean you were impaired while driving.

We often challenge drug test evidence based on:

• Improper blood draw procedures or unqualified medical personnel
• Contaminated or expired test kits
• Improper calibration or maintenance of lab equipment
• Chain of custody errors, such as lost or mislabeled samples
• Delayed testing that doesn’t reflect your condition at the time of the stop

Even common health conditions, diet, or prescription medications can lead to false positives on breath or blood tests. For example, breathalyzer results can be skewed by GERD or diabetes, and blood samples may yield false readings if they clot due to improper storage—something that actually occurred in large-scale tube recalls in 2019.

Get an Aggressive Drug Possession Defense in Leon Valley Today

If you’re charged with drug possession during or after a DWI arrest in Leon Valley, time is critical. You need a law firm that knows the local courts, understands Texas drug laws inside and out, and will fight to protect your rights.

Call (210) 893-0000 now or contact us online for a confidential consultation.

Frequently Asked Questions About Controlled Substance DWIs in Leon Valley, Texas

What is the difference between a drug DWI and an alcohol DWI in Texas?

In Texas, a drug DWI and an alcohol DWI both fall under the same general law, but the key difference lies in the source of impairment. An alcohol DWI typically involves a blood alcohol concentration (BAC) of 0.08% or more, while a drug DWI involves any substance—legal or illegal—that impairs your mental or physical faculties. This includes prescription medications, illegal narcotics, and over-the-counter drugs. Since there is no set legal limit for drugs, these cases rely heavily on field sobriety tests and officer observations, making them more subjective and more defensible in court.

Can I be arrested for a DWI in Leon Valley if I took prescription medication?

Yes, even legally prescribed medication can lead to a DWI arrest in Leon Valley if it impairs your ability to drive safely. Common medications like Xanax, Ambien, and hydrocodone can slow reaction times or alter judgment. Texas law does not exempt you from prosecution just because a doctor prescribed the drug. If the arresting officer believes the medication caused you to lose the normal use of your mental or physical faculties, you could face a DWI charge.

How long do drugs stay in your system, and does that matter for my DWI case?

Many controlled substances remain detectable in your system long after their effects wear off. For example, marijuana can be found in your urine or blood days—or even weeks—after use. This is significant because a positive drug test does not automatically prove that you were intoxicated at the time of driving. Your attorney can challenge the timing and interpretation of the test results, especially when no objective signs of impairment were present during the stop.

What happens if police find drugs in my car during a DWI arrest?

If the police conduct a search of your vehicle after a DWI arrest and discover drugs, you could face additional charges for drug possession. The severity of these charges depends on the type of drug and the quantity. Texas law categorizes drugs into penalty groups, and even a small amount of a controlled substance like THC oil can lead to felony charges. These charges are separate from the DWI but often prosecuted together, increasing your legal exposure.

Do I have to let police search my vehicle during a DWI stop in Leon Valley?

No, you are not required to consent to a vehicle search during a DWI stop. However, there are exceptions that may allow police to search without your permission, such as probable cause, officer safety concerns, or following a lawful arrest. That said, refusing a search is within your rights and can help your attorney later challenge the legality of any evidence obtained. It’s generally wise to politely decline consent and ask for a lawyer.

What is a Drug Recognition Expert (DRE), and how reliable is their evaluation?

A Drug Recognition Expert, or DRE, is a specially trained police officer who performs a 12-step evaluation to determine if a driver is under the influence of drugs. These steps include observing eye movements, vital signs, muscle tone, pupil size, and field sobriety performance. While DREs receive formal training, their assessments are often subjective and can be flawed. Courts do not always accept DRE opinions as expert testimony, and a skilled defense attorney can challenge these findings in Leon Valley courts.

What penalties do I face for a first-time controlled substance DWI in Leon Valley?

A first-time drug DWI in Texas is typically classified as a Class B misdemeanor. This can carry penalties of up to 180 days in jail, a fine of up to $2,000, a license suspension for up to one year, and administrative fees ranging from $3,000 to $6,000. Penalties increase significantly for repeat offenses, DWI with a child passenger, or if someone was injured or killed due to intoxicated driving.

Can I challenge a DWI charge based on prescription drug use?

Yes. One of the most common and successful defenses in prescription drug DWI cases is that the medication was legally prescribed and taken as directed. Your attorney can argue that there was no actual impairment or that any impairment was unrelated to the drug’s influence. Since there is no BAC-style threshold for drugs, these cases rely on officer opinion, which can be contested.

Do I need a lawyer for a controlled substance DWI case in Leon Valley, TX?

Absolutely. Drug DWIs are complex cases that involve science, subjective observation, and constitutional law. An experienced DWI defense lawyer can examine whether police had legal grounds for the stop, arrest, and search. They can also challenge the reliability of drug testing, cross-examine the DRE, and pursue suppression of illegally obtained evidence. Without an attorney, you face serious criminal consequences and long-term damage to your record.