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Video: Can You Be Arrested for DWI if You Haven’t Been Drinking?

Video: Can You Be Arrested for DWI if You Haven’t Been Drinking?

In this video, Fort Worth criminal defense attorney Benson Varghese discusses DWI arrests even when you haven’t been drinking.

Video Transcript:

The definition for intoxication in Texas includes intoxicants such as alcohol, drugs, dangerous drugs and controlled substances — or any combination thereof. An officer might stop you for a traffic violation and observe some things that he can’t explain. For instance, if your speech is slurred, if you’re slow in reacting, or if you fumble with your wallet. Then, an officer may ask you to do field sobriety test to determine if you are intoxicated.

In a situation where you have not been drinking, but you might be or might appear to be intoxicated — based on the use of a prescription drug or a controlled substance —an officer can do those field sobriety tests and arrest you for suspicion of driving while intoxicated.

The state will then most likely get blood evidence from you and determine what exactly is in your system. They will send that blood report to an expert, generally an expert at the Medical Examiner’s office, who will give an opinion as to whether or not the expert believes you’re intoxicated. Unlike alcohol cases where there is a point .08 standard, when you’re looking at drugs or dangerous drugs, there is no threshold amount. Instead, they’re going to use the quantity and your behavior — both your mental and physical faculties will be used against you to try to prove that you were intoxicated.

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Have you been arrested for DWI? Contact us today at (817) 203-2220 or reach out online for a complimentary strategy session. During this call we will:

  • Discuss the facts related to your case
  • Discuss any legal issues involved such as during the field sobriety tests
  • Discuss our approach in handling your case