Drugged Driving: Can You Receive a DWI for Driving While High on Cocaine in Texas?

Driving while impaired by drugs poses a serious risk to public safety. In Texas, the offense of driving while under the influence of drugs, including cocaine, falls under the category of Driving While Intoxicated (DWI). Today, we examine the legal consequences associated with a DWI offense committed while high on cocaine in the great state of Texas. If you have been arrested for drugged driving, contact a skilled criminal defense lawyer to help you advocate for yourself and your rights.
DWI vs. DUI
Before diving into the particulars, it is crucial to establish the distinction between the terms Driving While Intoxicated and Driving Under the Influence (DUI). In Texas, DUI is typically reserved for individuals under 21 caught driving with a detectable amount of alcohol in their system. On the other hand, DWI usually applies to individuals over 21 operating a vehicle while impaired by alcohol, drugs, or a combination of substances.
DWI Offense and Cocaine Impairment
When it comes to driving while high on cocaine in Texas, a person can be charged with DWI if their impairment is noticeable and compromises their ability to operate a motor vehicle safely. It is important to note that the prosecution must prove that the individual was indeed intoxicated by cocaine while driving.
Proving Impairment
Similar to alcohol-related DWI cases, law enforcement officers will rely on observed behavior, field sobriety tests, and chemical tests, such as blood or urine tests, to establish impairment caused by cocaine. Admissible evidence will typically include observations of physical coordination, speech patterns, eye movement, and other factors.
Defense Strategies
Individuals charged with a DWI offense for driving while high on cocaine have the right to present a defense against the charges. Common defenses may include:
- Challenging the original traffic stop.
- Contesting the reliability of any field sobriety tests performed.
- Questioning the admissibility of any drug test results.
- Raising doubts about the officer's accuracy of the observed impairment.
It is crucial to consult with a skilled DWI attorney well-versed in the intricacies of the law and build a strong defense strategy.
Contact a Fort Bend County DWI Lawyer
When charged with DWI related to drug use, the consequences are very severe, often including possible prison time, steep fines, and a license suspension. Retaining competent legal counsel is arguably the best thing you can presently do to fight the charges you are facing. At The Hatton Law Firm PLLC, our experienced Katy, TX DWI attorney is a former felony prosecutor with experience in prosecuting narcotics cases. As a result, he is especially aware of commonly used tactics in DWI cases involving drugs. For a free consultation, call 713-840-6344 today.
Source - https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm









