Drug Offenses

Drugs are related to crime in multiple ways. Most directly, it is a crime to use, possess, manufacture, or distribute drugs classified as having a potential for abuse (such as cocaine, heroin, marijuana, and amphetamines). Drugs are also related to crime through the effects they have on the user's behavior and by generating violence and other illegal activity in connection with drug trafficking. The chart below summarizes the various ways that drugs and crime are related.

Drug-related offenses and drug-using lifestyles are major contributors to the U.S. crime problem and are the focus of this fact sheet.

Provisional data for 1997 show that respondents arrested in the past year for possession or sale of drugs and driving under the influence had the highest percentage of illicit drug use in the past year. Past year illicit drug users were also about 16 times more likely than nonusers to report being arrested and booked for larceny or theft; more than 14 times more likely to be arrested and booked for such offenses as driving under the influence, drunkenness, or liquor law violations; and more than 9 times more likely to be arrested and booked on an assault charge.

The National Institute of Justice (NIJ) Arrestee Drug Abuse Monitoring (ADAM) Program measures drug use among arrestees by calculating the percentage of arrestees with positive urine tests for drug use. ADAM data are collected voluntarily and anonymously at the time of arrest in booking facilities in selected U.S. cities.

Data collected from male arrestees in 1998 in 35 cities showed that the percentage testing positive for any drug ranged from 42.5 percent in Anchorage, Alaska, to 78.7 percent in Philadelphia, Pennsylvania. Female arrestees testing positive ranged from 33.3 percent in Laredo, Texas, to 82.1 percent in New York, New York. Male arrestees charged with drug possession or sales were among the most likely to test positive for drug use, while female arrestees charged with prostitution, drug possession, or sales were among the most likely to elicit a positive test result. Males and females arrested for stolen vehicles, robbery, and burglary also had high positive rates. Test results further showed that opiate use demonstrated a positive correlation to polydrug use: of the individuals who tested positive for opiates, three-fourths also tested positive for another drug.

Data collected from juvenile male arrestees in 13 cities showed that, similar to adult arrestees, the highest positive rates were found in juveniles charged with drug sales or possession. Overall, however, juvenile arrestees were less likely than adult arrestees to test positive for drug use. For juveniles who did test positive for any drug use, marijuana was overwhelmingly the drug of choice. On average, half of the juvenile males tested had positive results for marijuana. In addition, it was found that juvenile male arrestees who were in school were less likely to test positive for drugs than those not in school. This was particularly the case for cocaine and methamphetamine.

The overwhelming amount of evidence shows that people frequently use a combination of alcohol and drugs and when stopped for DWI/DUI. DWI/DUI attorneys need to have command of the latest techniques in science for the identification and quantification of all types of drugs. A top DWI/DUI attorney will have a relationship with a laboratory that routinely conducts examinations in order to determine the contents of a specific sample.

In Texas, if you are stopped while driving and have ingested medication that affects your ability to drive, you can be found guilty of DWI/DUI, even though you have a doctor’s prescription to take that medication. Taking prescribed medicine is not a defense to DWI/DUI.

The presence of drugs is a frequent source of police allegations in DWI/DUI cases. Often the officer seizes a something he or she believes is a “controlled substance” from the driver’s vehicle. More and more often, police are requesting warrants for the driver’s blood so that they can identify the substance that they suspect may be causing the driver’s impairment.

The attorney’s role in using an expert to assist in the examination of any samples seized is a crucial factor in these cases.

For example, recently in Dallas, several large drug busts were made and the drug seized was alleged to have been cocaine. Several of the accused were offered immediate probation and immediately pled without any investigation of the charges or the evidence. It was only after a top attorney became involved and noticed similarities in all the cases. He decided to have the “evidence” tested and at an independent laboratory where it was discovered to not be cocaine as alleged, rather, it was gypsum, a form of sheet rock dust.. Several police officers were involved in conspiring to fabricate evidence and falsely accuse people for personal reasons.

The identification of drugs in the laboratory environment is an important step in the process of proving a driver guilty of DWI/DUI. However, just as with any other type of testing sometimes the test of a person’s blood is inaccurate or incorrect. A top DWI/DUI attorney will have access to a laboratory for the independent testing of his client’s blood or of the alleged controlled substance that the police have seized from the driver.

A thorough knowledge of drug offenses and the police testing procedures is an absolute must for a top DWI/DUI attorney.

A growing number of police agencies are demanding their officer’s be trained as a Drug Recognition Expert or DRE. A DRE has been trained to identify several different types of substances based on observations and an interview process. These “tests” are made under the guise of  scientific credibility, when in fact, their methodology has come under recent, heavy scrutiny.

In order to be able to effectively expose the problems with a DRE, your attorney must have a command of the training methods and curriculum of the DRE certification process.

Only an attorney with an in-depth understanding of the issues presented will be able to effectively cross-examine a drug recognition expert.

As part of his or her expertise, your attorney should frequently handle all levels of drug cases. The science and technology involved in defending these cases is crucial for a comprehensive DWI/DUI attorney.

These cases fall into both State and Federal Courts and it is important for your attorney to be able to resolve either venue. The procedures and rules can be completely different depending on whether a case is in Federal or State court.

I have handled numerous cases involving the following:

●          Possession of Marijuana – all levels

●          Possession of a Controlled Substance - Cocaine, all             levels

●          Possession of a Controlled Substance –                          Methamphetamines, all levels

●          Possession of a Controlled Substance – Alprazolam,             all levels

●          Possession of a Controlled Substance –                         Hydrocodone, all levels

●          Delivery/Manufacturing a Controlled Substance –             Cocaine, all levels

●          Delivery/Manufacturing a Controlled Substance –             Methamphetamines, all levels

Your attorney will be able to have all substances testing and subpoena evidence of the government’s laboratory procedures and possible contamination of the sample. Even though “field tests” confirm the presence of a controlled substance, it is not admissible in court as proof of the government’s allegations.

Through the vigorous use of Motions to Suppress, Discovery requests and the use of an independent laboratory, your lawyer will ferret out any inconsistencies and be prepared to thoroughly cross-examine every witness for each facet of your case.

Contact us about your legal matter today!