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As Seen On






Texas DWI Manual
By Attorney Deandra Grant
Fighting DWI charges can present many challenges, not only for the defense, but prosecutors as well. This is why it is important to be armed with the necessary knowledge so you understand the DWI process.
Attorney Deandra M. Grant is the co-author of the Texas DWI Manual, offering legal advice to both clients and fellow attorneys.
Learn MoreDallas DUID Lawyers
Driving Under the Influence of Drugs in Dallas: How the Evidence Is Built and How It Is Challenged
A DUID charge in Dallas County does not require a breath test result or a BAC above any threshold. It requires proof that a substance caused the driver to lose the normal use of their mental or physical faculties. The prosecution builds that case through officer observations, the Drug Recognition Expert evaluation, and chemical testing of blood. Where that testing goes in Dallas County depends on who made the arrest.
Dallas PD send blood specimens from DWI cases where drugs are suspected to the Southwestern Institute of Forensic Sciences (SWIFS) which is the same laboratory that handles blood alcohol testing for Dallas Police Department arrests. Outlying Dallas County agencies often send specimens to the Texas DPS Crime Lab in Garland or to other accredited facilities. Knowing which laboratory analyzed your specimen, and what that laboratory’s specific methodology and protocols require, is the starting point for any DUID defense in Dallas County.
Managing Partner Deandra Grant holds a Master’s Degree in Pharmaceutical Science which is the credential that makes independent pharmacokinetic and toxicological analysis of drug impairment evidence possible. In a Dallas DUID case, that credential is not background. It is the foundation of the defense.
The Legal Framework: No Per Se Limit for Most Drugs
Texas does not have a separate DUID statute. Drug impairment is prosecuted under Texas Penal Code §49.04, the same DWI statute that covers alcohol. The relevant prong of §49.01 defines intoxication as not having the normal use of mental or physical faculties by reason of the introduction of a controlled substance, drug, dangerous drug, or any other substance into the body.
Presence is not the same as impairment. Unlike alcohol (where a BAC of 0.08 creates a legal presumption of intoxication) Texas law sets no per se concentration threshold for most drugs. The prosecution must prove that the specific substance in the defendant’s system actually caused loss of normal use at the time of driving. A positive drug test result establishes presence. It does not establish impairment. That distinction is the foundation of many DUID defenses.
Prescription medications are not a complete defense. A valid prescription does not create an absolute defense to a DUID charge. A person taking a legally prescribed medication can be charged with DWI if that medication impaired their driving. However, the existence of a valid prescription, evidence of therapeutic dosing, and documented tolerance are all relevant to whether the prosecution can prove impairment beyond a reasonable doubt.
Over the counter medications are not a complete defense. Using an OTC medicine does not create an absolute defense to a DUID charge. A person taking OTC medication can be charged with DWI if that medication impaired their driving.
The Drug Recognition Expert Evaluation in Dallas County
When a Dallas officer suspects drug impairment rather than alcohol impairment, a Drug Recognition Expert (DRE) is often called to the scene or to the station to conduct a Drug Influence Evaluation. Dallas PD maintains an active DRE program. The evaluation is a 12-step process designed to identify which of seven drug categories may be responsible for the observed impairment.
The DRE produces a category opinion, not a confirmed identification. At the conclusion of the evaluation, the DRE renders an opinion about which drug category (CNS depressants, CNS stimulants, hallucinogens, dissociative anesthetics, narcotic analgesics, inhalants, or cannabis) may be responsible for the impairment. That opinion is not confirmed until toxicological testing shows the presence of a substance consistent with the stated category. A DRE opinion rendered before toxicology results are available is preliminary, not definitive.
Pupillometry and vital signs. Central features of the DRE evaluation include measurement of pupil size under three lighting conditions and assessment of pulse, blood pressure, and body temperature. These measurements require calibrated tools, proper technique, and consistent lighting. Officers who estimate rather than measure pupil size, or who conduct the evaluation in inconsistent conditions, produce observations that the defense can challenge.
The validation research limitations. The DRE protocol’s accuracy claims are based on controlled studies where the drug category was known in advance. Field validity studies (where the DRE works without prior knowledge of the substance) have produced more variable results. The specific Dallas DRE officer’s training, certification currency, and protocol adherence in your case are all subject to examination.
Where the Evidence Goes: Dallas County Laboratory Routing
Dallas Police Department Arrests
Blood and specimen samples collected in DPD arrests are typically sent to the Southwestern Institute of Forensic Sciences (SWIFS) on North Stemmons Freeway for toxicological analysis. SWIFS performs drug identification and quantification using immunoassay screening followed by gas chromatography-mass spectrometry (GC-MS) or liquid chromatography-tandem mass spectrometry (LC-MS/MS) confirmation. Understanding SWIFS’s specific methodology, analyst qualifications, and quality assurance protocols is specific knowledge that matters in Dallas DUID cases involving DPD arrests.
Outlying Dallas County Agency Arrests
When the arresting agency is one of the outlying Dallas County departments (ex. Irving, Garland, Mesquite, Grand Prairie, Lancaster, Duncanville, DeSoto, Cedar Hill, Balch Springs, Hutchins, Wilmer, or others) the laboratory routing is not fixed. Many of these agencies send specimens to the Texas DPS Crime Lab in Garland. Others use different accredited facilities. The first step in any Dallas County DUID defense is identifying which laboratory analyzed the specimen and obtaining the complete analytical records from that specific facility.
The Screening vs. Confirmation Distinction
Drug testing in DUID cases typically begins with an immunoassay screen. Immunoassay screens are sensitive but not specific. They detect drug classes by antibody-antigen reaction and can produce false positives from cross-reactive compounds. A positive immunoassay screen does not identify a specific drug or a specific concentration. Confirmatory testing by GC-MS or LC-MS/MS is required for specific identification and quantitation. A prosecution that proceeds on the basis of a screen result alone, without GC-MS or LC-MS/MS confirmation, is proceeding without confirmation of what substance is actually present.
Related Blogs
The Pharmacokinetic Defense: Why Concentration Doesn’t Equal Impairment
The pharmacokinetic profile of a drug (i.e. how it moves through the body after ingestion) determines the relationship between the blood concentration measured in a SWIFS or DPS lab result and the actual impairment experienced by the driver at the time of the stop.
THC. THC is lipophilic and is distributed out of the bloodstream rapidly after consumption. Blood THC concentrations can reflect redistribution from fat stores during exercise or caloric restriction rather than recent use. That means a positive blood THC result does not reliably indicate when cannabis was consumed or whether the driver was impaired at the time of the stop. The THC redistribution phenomenon is documented in peer-reviewed literature and directly relevant to cannabis DUID cases.
Benzodiazepines. Tolerance develops with regular therapeutic use of benzodiazepines. A person who has taken a prescribed benzodiazepine at a stable therapeutic dose for months may have measurable blood concentrations without meaningful functional impairment. The concentration, the metabolite profile, and the individual’s documented tolerance are all relevant to whether impairment can be proven.
Prescription opioids. Chronic opioid users develop tolerance that significantly alters the relationship between blood concentration and impairment. A blood opioid concentration that would impair an opioid-naive person may not indicate impairment in a person on a stable, medically supervised regimen.
Evaluating these pharmacokinetic arguments requires the kind of training in drug metabolism, pharmacokinetics, and toxicology that Deandra Grant’s Master’s Degree in Pharmaceutical Science provides. Most defense attorneys can challenge the chain of custody or the DRE protocol. Fewer can independently evaluate whether the blood concentration the lab reported supports a finding of impairment at the time of driving.
Frequently Asked Questions about Driving Under the Influence of Drugs in Dallas, TX
If you have been recently arrested for driving under the influence of drugs in Dallas, TX, you likely have many questions and concerns about your situation. At Deandra Grant Law – Criminal & DWI Defense, we understand the complexities of driving under the influence of drugs cases and are here to provide you with answers to some of the most commonly asked questions.
DUID, also known as Driving While Intoxicated by Drugs, occurs when a person operates a vehicle while under the influence of drugs or a combination of drugs and alcohol. It is illegal to drive with any detectable amount of drugs in your system that may impair your ability to drive safely.
A driving under the influence of drugs conviction can have severe consequences, including fines, probation, mandatory drug education programs, community service, driver’s license suspension, and even jail time. Additionally, a driving under the influence of drugs conviction can result in a criminal record, which can affect your future employment and other opportunities.
In Texas, if you are lawfully arrested for driving under the influence of drugs, you are required to take a blood or urine test to determine if you have drugs in your system. Refusing to take the test can result in the suspension of your driver’s license.
Yes, it is possible to challenge the results of a drug test. There are various factors that can lead to inaccurate test results, such as improper testing procedures or contamination of the sample. An experienced DUID lawyer can examine the details of your case and determine if there are grounds to challenge the test results.
Yes, it is highly recommended to hire a skilled DUID lawyer to defend you against the charges. A lawyer can protect your rights, examine the evidence against you, identify potential weaknesses in the prosecution’s case, and develop a strong defense strategy to achieve a positive outcome for your case.
At Deandra Grant Law – Criminal & DWI Defense, our experienced Dallas DUID Lawyers will provide you with expert legal representation and support throughout your case. We will analyze the details of your arrest, conduct a thorough investigation, and build a robust defense to challenge the charges against you. Our goal is to protect your rights, minimize the potential consequences, and help you move forward with your life.
Yes, it is possible to have your driving under the influence of drugs charges reduced or dismissed with the help of an experienced lawyer. Depending on the circumstances of your case, there may be opportunities to negotiate with the prosecution or challenge the evidence against you. Deandra Grant Law – Criminal & DWI Defense will explore all available options to pursue a positive outcome for your case.
The ALR Hearing in Dallas DUID Cases
A DUID arrest, like any DWI arrest, triggers the 15-day ALR deadline . The administrative license revocation proceeding runs parallel to the criminal case and must be requested within 15 days from the date of notice of suspension. Missing that deadline means an automatic license suspension regardless of what happens in the criminal case. In a DUID case, the ALR hearing is also an opportunity to take sworn testimony from the arresting officer and the DRE before the criminal case proceeds.
Speak With Deandra Grant Law About Your Dallas DUID Case
DUID defense in Dallas County requires knowing which laboratory analyzed your specimen, understanding that laboratory’s methodology and protocols, evaluating the DRE officer’s adherence to the evaluation protocol, and independently analyzing whether the drug concentration in the blood result supports a finding of impairment at the time you were driving. That analysis requires scientific training.
Deandra Grant Law has offices in Dallas, Fort Worth, Allen, Denton, Waco, and Rockwall. We have appeared in Dallas County courts for more than 30 years, across more than 500 trials to verdict.
Call (214) 225-7117 for a confidential consultation.
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“Deandra Grant Law – Criminal & DWI Defense handled my case with diligence and professionalism. Deandra Grant’s reputation is stellar and now I know why. She has a team of individuals who provide quality service.”
N. Coulter

(214) 225-7117
Experienced DWI Defense