People ask me all the time whether it’s possible to be charged with a DWI if you have not been drinking. The short answer is YES!! You can still be arrested, charged, and prosecuted for DWI even if there is not a drop of alcohol in your system. Texas law allows for a person to be “intoxicated” if they are on drugs, dangerous drugs, or a combination thereof. So what do you do if this is your situation? How do you fight a DWI charge when the person is allegedly intoxicated on drugs?
In my opinion, fighting a drug DWI is only slightly less burdensome than an alcohol DWI. There is a LOT of science research in the area of alcohol absorption and elimination, which are crucial to proving any DWI case beyond a reasonable doubt. Drugs only DWIs are much more difficult to establish simply because everyone reacts to drugs differently. There are many, many factors necessary to establish whether a particular drug is causing a particular symptom. The police, and therefore the prosecutors, need to know these things in order to make their case.
So what do you do if you are stopped and arrested for DWI when you have not been drinking? First of all, be polite. Do not lose your cool! The jury will look favorably on anyone who is respectful, calm, and gracious. This can only help your case. Second, refuse ALL tests! You do not have to submit to any police test, including the Field Sobriety Tests, breath tests, or blood tests. Be polite, but be firm. You do not have to cooperate with the police and willingly provide evidence against yourself. Third, contact an attorney that practices DWI and Criminal Defense Law and has the experience needed to fight and win a drug DWI. I have done this on many occasions, with positive results and extremely happy clients.