I've got a DWI jury trial coming up where methadone is the only intoxicating substance the defendant admitted to. However, I don't any evidence of the time of the defendant's last dose or the amount. The DPS lab tested the blood sample provided and the presence of methadone was found in the blood, but not quantified. No alcohol was found in the blood. No DRE evaluation was performed. Can I even get this past a directed verdict?

Since you don't have an alcohol measurement, it must be a "loss of normal use" situation:

Sec. 49.01.  DEFINITIONS
(1) [... snip ...]
(2)  "Intoxicated" means:
 (A) not having the normal use of mental or 
     physical faculties by reason of the 
     introduction of alcohol, a controlled 
     substance, a drug, a dangerous drug, a 
     combination of two or more of those 
     substances, or any other substance into 
     the body; or

 (B) having an alcohol concentration of 0.08 
     or more.

[... snip ...]

The Wikipedia on Methadone quotes two external sources for the proposition that "Methadone treatment can impair driving. Patients are demonstrated to have extremely high involvement in serious crashes, as a study by Queensland University showed that 220 patients had been involved in crashes killing 17 people between them versus a control group of other patients randomly selected having no involvement in fatal crashes."


Maybe the methadone was administered at a treatment clinic where there is a medical record of the dosage date/time? The Wiki article linked above also states methadone is "used in managing chronic pain owing to its long duration of action and very low cost"


So you have a blood test showing a long acting narcotic drug that is known to impair driving... How is the video?

I would strongly suggest using an expert.

Provide your toxicologist with as much info as possible (driving facts, defendant's behavior, signs/symptoms, etc.) to go with your "positive for methadone" lab report. Quantitation for methadone (as with most drugs) isn't nearly as important as its presence, combined with actions of the defendant.

Your toxicologist should be able to testify about methadone in the general sense, even though he/she won't be able to say exactly how your defendant may have been affected.

Video + bad driving + defendant's actions/demeanor + good testimony from your expert (toxicologist) should get you past a directed verdict (especially with your defendant's admission to taking methadone). Depends upon the other facts of your case....

Brent Robbins
Intake/Intoxication Crimes Investigator
Denton County DA's Office

Video isn't real great for me. 2/8 and 1/4 on SFST's. She is also a fairly likable defendant(besides being a former heroin addict). I really appreciate all the replies so far.

Get in touch with a Drug Recognition Expert (DRE) in the area. They can review the video and testify to impairment on the narcotic. Email me if you need a DRE contact for the case.