Fort Worth Drug DWI Lawyer
Police typically do not consider metabolites with drug DWI cases. The prosecution typically does not consider those, and a Fort Worth drug DWI lawyer can show that based on what metabolites are present, and the level of those metabolites, that a person is not under the influence of marijuana or other drugs. There are active metabolites and inactive metabolites of marijuana. Frequently after ingestion of marijuana, the active metabolites may stay at a higher level for a short period, but later, while their blood may still test positive for marijuana, the metabolite level can show that what is present in their blood is actually inactive metabolites. That is metabolites of marijuana that do not cause intoxication or do not cause any effects of marijuana. However, in order to prove this a DWI lawyer in Fort Worth should be consulted.
Drug Recognition Experts
In Texas, there are drug recognition experts who are officers. They have gone through extra training in the detection of drugs. They go through a training program, which gives them a twelve-step evaluation procedure for evaluating whether a person is under the influence of any type of drugs, which starts with just by asking questions. The officers who go through this training frequently do not even properly execute the standard evaluation. Even if they do, it is still subject to doubt, whether that is confident proof that a person is under the influence of any type of drug, or controlled substance.
Besides asking questions, there is also an evaluation of their eyes and the degree of dilation of the pupils. This is subject to estimation, and wild guesswork. There is a lot of doubt about whether this drug recognition expert training, and these people who are so-called drug recognition experts, whether they are able to properly evaluate, and tell whether the person is under the influence of any type of drugs, or controlled substances. This makes contacting a Fort Worth drug DWI attorney important as an experienced lawyer may be able to challenge the drug recognition expert or the evidence obtained.
Consequences For Refusing a Chemical Test Following a Drug DWI
A person can refuse to cooperate with a Drug Recognition Evaluation. Certain parts of that test will not be able to prevent the officer from doing any of the evaluations, which is physical observations, such as dilation of the pupils. Nevertheless, anything that requires the cooperation of the person, they can refuse to cooperate in that regard. The officer may apply for a warrant for a blood test, and a blood test is going to be needed to have any possible success at prosecuting a person for a DWI. Our Fort Worth drug DWI attorneys find that those warrants are legally insufficient because the affidavit in support of the search warrant for the blood does not sufficiently state probable cause.
If an officer was not able to do a complete drug evaluation, then that may contribute to a lack of probable cause to support a search warrant issued for the drawing of blood.
Reliability of Blood Tests in Fort Worth
Interestingly, blood tests for drugs or controlled substances are always subject to some amount of doubt, because, there are no per se levels of any of these drugs, or controlled substances that are defined as intoxication. All of these substances affect different people differently, and all of these substances are subject to tolerance. A person may develop tolerance to the effect that a level may cause one person not to have the normal use of mental and physical faculties, or a given person at one time may get an intoxicating effect from a certain level of a drug, and as time goes on, they develop a tolerance for that drug. It does not cause any type of diminution of their physical or mental faculties.
This is true with many drugs that are used for therapeutic purposes, such as treating depression, or pain. When a person first takes them, they may experience sedation, sleepiness, or other intoxicating effects. But as they use the drug over a period of time, they become used to the medicine at some point, so it does not have an effect on their mental and physical faculties anymore, yet it achieves the therapeutic purpose of relieving the anxiety, depression, or pain.