How Can Police Officers Prove a DWI of Drugs In Texas?

How Can Police Officers Prove a DWI of Drugs In Texas?
Jan 02, 2023 |

Drugged driving ( DWI )is a serious offense that can result in jail time, a loss of driving privileges, and high fines. If you are pulled over for drugged driving, you need to know how to respond to protect your legal rights.

The Difference Between Drug & Alcohol Intoxication

Initially, drug and alcohol impairment may appear similar to one another, but there are some key differences that police officers look for when assessing if intoxication is caused by alcohol, drugs, or a combination of both.

The main difference between the two is that alcohol generally leads to impaired coordination and slowed reaction time, while drugs tend to cause impaired judgment and decision-making. Depending on the type of drug, there may also be other physical differences, such as pupil dilation or slurred speech.


Since drug intoxication doesn’t show up on a breathalyzer test as alcohol does, police officers need to assess whether or not a person is impaired differently. The most common is the field sobriety test, which involves asking the driver to perform a series of physical tasks and monitoring for symptoms of drug use like confusion, poor coordination, etc.

Another common method is to measure the driver’s pupils; certain drugs cause the pupils to dilate or constrict in a tell-tale way. Officers may also use drug recognition experts, who are specially trained to identify signs of intoxication from various drugs.

Other Proof of Impairment

In addition to the methods mentioned above, there are other ways that officers can prove impairment in a drugged driving case. For instance, if an officer observes erratic driving, that may be enough to establish probable cause for a stop. Once the driver is stopped, the officer can use body or dash cam footage to prove signs of impairment such as slurred speech or difficulty standing upright. If the officer smells marijuana or other drugs coming from the car, that may also be enough to establish probable cause for an arrest.

How To Defend Yourself Legally After a DWI Arrest

If you have been arrested for drugged driving, it is important to seek legal help as soon as possible. An experienced attorney will be able to challenge the evidence against you and help you build the strongest possible defense. At Segura & Kiatta Criminal Defense, we can provide you with comprehensive legal representation after being charged with a crime. Call now at 281.570.6400. Serving Fort Bend County, Texas, and surrounding areas.

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