Although commonly thought of as just an alcohol-related offense, DWI stands for driving while intoxicated. There are different types of intoxication. So it is possible to be charged with a DWI even if you have no alcohol in your system. You can be accused of a DWI with drug suspicion and forced to submit to a blood or urine sample to prove your guilt or innocence.
What Does Law Enforcement Require You to Submit to Testing?
When you get a driver’s license in the state of Texas, you give law enforcement “implied consent.” Implied consent means that you agree to submit to a chemical test of your blood, urine, or breath if suspected of driving while intoxicated. Therefore, if law enforcement pulls you over and has a reason to suspect intoxication, they have the right to demand that you submit to a chemical test for both drugs and alcohol.
What if You Refuse to Take a Chemical Test?
You do have a right to refuse a request for a chemical test. It might not always be a good choice, however. If you refuse, you could risk immediate suspension of your license for 180 days for your first DWI conviction. If you either refuse the chemical test when intoxicated or you fail it, you have 15 days to request a hearing to reinstate your license.
What Constitutes a Positive DWI Drug Test?
Unlike alcohol where you have to be over a certain limit to be charged with a DWI, you can be charged with a DWI if you are found to have any drugs in your system. Any level can be cause for police to allege that it caused you to drive in an impaired state.
Is it Possible to Win a DWI With Drug Suspicion Charge?
The good news is that just because you have tested positive for drug use, that does not necessarily mean a conviction of a DWI with drug suspicion. Many defenses can lead to a “not guilty” charge, a dismissal, or even court leniency. You can protect yourself against the severe consequences of a DWI charge by having a professional Austin DWI attorney present your case in court.
Drivers can still receive a DWI with drug suspicion even if they have not been drinking. The state of Texas has some of the harshest penalties for DWI offenders. This is why you should hire a Texas DWI lawyer to create a winning defense. If you are facing DWI charges, contact Stephen T. Bowling to defend you. His background in law enforcement lends expertise that you can’t get from other DWI lawyers in Austin.
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