Proving Fort Worth Prescription Drug DWI Cases
If you have been charged with a prescription drug DWI in Fort Worth, it is important to know how law enforcement tests for the presence of prescription drugs in a DWI case. An experienced attorney can review how these tests were administered and if there were any inconsistencies to help dismiss the case. Get in touch with a lawyer today to find out how the prosecution may go about proving Fort Worth prescription drug DWI cases.
Can a Person Refuse a Blood Test in Fort Worth?
In Fort Worth, the laws regarding refusal of the tests is the same as for any other DWI case. If an officer suspects intoxication by drugs, they would not request a breath test because the results are not relevant. A breath test only identifies the presence of alcohol. The officers would only request a blood test.
If the person refuses a blood test, their license could be suspended. The officer could request a blood test if they suspect intoxication by drugs. If the person refuses the blood test, that can be reason for the suspension of their driver’s license.
If the person consents to the blood test, even if the blood test comes back positive for drugs, the person does not suffer the suspension of their driver’s license. They have their license suspended only for failing a blood test if the blood test shows 0.08 or greater for alcohol.
How can Authorities Test for the Presence of Drugs in a Driver?
Sometimes a police officer does a drug recognition evaluation. To do that, the officer must be certified as a drug recognition expert (DRE). They may be recognized as a DRE if they complete training in that regard. However, the training does not necessarily make them an expert on recognizing drugs.
The testing involves a 12-step process administered by a police officer to form an opinion about whether a driver is impaired by drugs, the extent they are impaired, and the identity of the drug. Lawyers know all about the requirements to do this properly. The person must still have a blood test to show that they have a drug in their system before the police officer can make a claim that the person was intoxicated by a drug. Drug recognition evaluations are highly suspect and involve guesswork that does not qualify as real science. Lawyers can show that to the jury.
Importance of Contacting a Fort Worth Prescription Drug DWI Lawyer
It is important to contact an experienced Fort Worth Drug DWI lawyer when facing these charges because many people make the mistake of hiring attorneys who say they are qualified to try a DWI case but do not have any expertise or experience handling drug DWI cases. Those attorneys may not be able to do an effective job or properly cross-examine police officers who claim to be a drug recognition expert.
An unprepared attorney cannot properly cross-examine regarding the blood test and the metabolites, and the active amounts of a drug that equal intoxication because there is no statutory level of any drug that equals intoxication. The studies vary widely on what amounts cause impairment. It is imperative that one has an attorney who has expertise and experience in trying and winning these cases. Attorneys who only handle DWI alcohol cases are not prepared to successfully handle a DWI drug case.
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