QUESTION

How long does the state of texas have to conduct Blood Analysis in a felony Dui case? Can synthetic marijuana be tested for, specifically xlr-11?

Asked on Jun 02nd, 2014 on DUI/DWI - Texas
More details to this question:
I was arrested and indicted for my 3rd dwi. The state reinstated my dl after the blood test results were not back in 90 days. I am innocent and would admit it if i was not, this is obviously not my first offense. I hand smoked synthetic marijuana approximately 4 hrs prior to the arrest. Can they test for xlr-11? And if so can that test be used to convict for DWI? There were no other drugs in my system. I was profiled by a DRE. Has anyone ever been convicted of DUI solely for synthetic marijuana?
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1 ANSWER

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.
Answered on Jun 03rd, 2014 at 1:28 PM

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