Criminal Law

Drugs That Impair Driving

The drug recognition evaluation or DRE program is the fastest growing area of DWI enforcement. You can be prosecuted for a San Antonio DWI even if you have not drank any alcohol but were taking prescription medication. This can happen because the Texas DWI law prohibits you from operating a motor vehicle while impaired by certain prescription drugs. Our San Antonio DWI lawyers are experienced with the DRE protocol and know how to defend you against these charges. Many people don’t realize that prescription drugs can result in a San Antonio DWI just as easily as illegal drugs.

A San Antonio DWI arrest based on a DRE investigation is much like a DWI arrest based on BAC. The major difference between the two is that in a DRE based San Antonio DWI arrest is that you have taken a breath test and tested less than .08 BAC. Once these results are in, a DRE trained officer will perform a DRE evaluation on you. The DRE evaluation is a twelve-step process. It is the officer’s responsibility to determine whether you are impaired, and if so, then determine what type of drug it is that is causing your impairment. This process includes:

  • A DRE trained officer asking you a series of questions about the medications or drugs you have consumed.
  • Measuring your pupil size.
  • Taking your blood pressure.
  • Testing your pupil reactions to light.
  • Examining your body for injection marks.
  • Any other test that is medical in nature can also be performed.

It is important to know that some medical doctors have rejected the conclusions drawn from the DRE protocol and have said that the DRE protocol does not accurately measure what it claims to measure.

If you are pulled over for a DUI do not agree to perform any tests or voluntarily leave the scene of the car stop. Call Carabin Shaw immediately and we will help guide you through the process.

Client Reviews
We are very glad we called Carabin Shaw after our accident. We now recommend them to everyone.
You want Carabin Shaw on your side after an accident. They were excellent. Valerie S.
In our opinion, no one is better, Carabin Shaw is the Law Firm you want on your side after an accident. Amanda G.
The attorneys and staff went out of their way to help us after our accident. Thank you Carabin Shaw. Melinda F.
We did our research after our accident and chose Carabin Shaw. They were great. Highly recommend. Joel Y.