Bellmead, TX DWI Law Firms & Lawyers

A jury can convict you if the State can prove you were intoxicated by "reason of the introduction of alcohol or drugs or any combination thereof." So, the short answer is yes, they can get you for the synthetic. There are issues with synthetic in terms of associating it with the illegal drugs enumerated in the H&S Code, though. Beyond the classification issue, there might be an issue with respect to the toxicological effects smoking synthetic would have on you 4 hours after smoking, if they even have evidence to prove that. The DRE exam may be a red herring; or it may be reduced to that. The DRE protocol is supposed to allow the cops to determine which "drug class" your alleged intoxication may stem from. I don't believe synthetic is among the drugs that are included in the DRE protocol. Synthetic isn't MJ; so I wouldn't allow them to testify that the signs and symptoms observed with respect to an MJ investigation are the same as those that should be observed when a person has smoked an entirely different-non-natural, substance. So, there are a lot of issues that can be explored in your defense. If it's your 3rd, you probably already know you're looking at 2-10 years in prison. And, it sounds like this one could be beatable. Hire a good lawyer well-versed in DWI.

You will need to consult with an attorney to determine the merits of your case and how strong of a case the State of Texas has against you.  You also need to have an attorney request an ALR Hearing on your driver's license as this hearing allows a trial lawyer to gather the version of the facts that will most likely be testified to by the police officer(s) that arrested you. You should not discuss your case or do anything on social media about this arrest.  Keep your version of the facts to yourself until you have had the opportunity to discuss this case with a trial lawyer who does criminal law and DWI cases. The date you were arrested is important as there are time limitations regarding your ALR hearing.  I hope this helps you understand the importance of the ALR hearing. A lawyer will want to know the reasonable suspicion to detain you and the probable cause for arresting you.  You should do everything you can to remember exactly what you said to the officer and what was asked of you by the officer. You should also construct a timeline for yourself using your cell phone data in order to help support your version of the events.  And, if you did drink alcohol or take medications prior to your arrest, recall the times, quantity and if you had eaten.  If you have credit card statements for proof of eating, keep them as well as receipts for any alcohol. Hang in there, what seems insurrmountable often is not by a Texas Board Certified Criminal Trial lawyer by the Texas Board of Legal Specialization.