Drug DWI

DWI With Drugs Attorney in Georgetown

Don’t Let a DWI With Drugs Charge Derail Your Life, Contact Us Now

Driving while intoxicated with drugs (DWI with drugs) is a serious offense in Georgetown, Texas. Unlike alcohol-related DWI charges, which rely on blood alcohol concentration (BAC) levels, DWI with drugs cases can involve any substance, including prescription drugs, that impair a driver's abilities.

Texas law does not specify a limit for drug impairment, making the analysis of impairment subjective and often dependent on the arresting officer's observations and any chemical test results.

In Georgetown, local law enforcement agencies actively pursue DWI with drugs cases to maintain public safety. This can mean aggressive policing and strict penalties for those charged, making it crucial to have a knowledgeable DWI with drugs attorney in Georgetown to navigate the complex legal landscape effectively.

Speak with a skilled DWI with drugs attorney in Georgetown today. Schedule your free consultation by calling (512) 961-4555 or online.

Understanding DWI with Drug Charges in Texas

In Texas, Driving While Intoxicated (DWI) is defined under Texas Penal Code § 49.04. While often associated with alcohol, this statute explicitly covers impairment by drugs as well. A person commits an offense if they are "intoxicated while operating a motor vehicle in a public place."

The key to a drug-related DWI lies in the definition of "intoxicated", which means not having the normal use of mental or physical faculties by reason of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance.

Unlike alcohol, Texas does not have a specific "per se" legal limit (like 0.08% BAC) for most drugs, including marijuana. This means the mere presence of a drug in your system, as shown by a blood test, is not automatically enough for a conviction. The state must prove that the drug actually impaired your normal faculties at the time of driving.

Common substances that can lead to DWI with drug charges include:

Illegal Drugs: Marijuana, cocaine, heroin, methamphetamine, ecstasy, etc.
Prescription Medications: Opioids (e.g., Oxycodone, Hydrocodone), benzodiazepines (e.g., Xanax, Valium), muscle relaxants, sleeping pills, antidepressants, or any other prescribed drug that can cause impairment.
Over-the-Counter Medications: Certain cold medicines, antihistamines, or other non-prescription drugs that cause drowsiness or impair faculties.
Combinations: Being under the influence of both alcohol and drugs, or multiple drugs.

The complex nature of proving impairment from drugs, rather than just presence, creates unique challenges and opportunities for a skilled DWI with drug attorney in Georgetown.

Penalties for DWI with Drug Convictions in Texas

Texas imposes severe penalties for DWI convictions involving drugs, mirroring those for alcohol-related DWIs. Penalties escalate dramatically for repeat offenders. Texas has a lifetime "look-back" period for prior DWI convictions, meaning any previous DWI offense, regardless of how old, will enhance your current charge.

First DWI with Drug Offense (Class B Misdemeanor)

Jail Time: 72 hours to 180 days in county jail. (If a BAC of 0.15% or higher, it becomes a Class A misdemeanor, with 72 hours to 1 year in jail).
Fines: Up to $2,000 (up to $4,000 if BAC ≥ 0.15%).
License Suspension: 90 days to 1 year.
Annual Surcharge: $1,000 or $2,000 annually for 3 years to maintain driver's license.
DWI Education Program: Mandatory 12-hour DWI education course.
Community Service: 24 to 100 hours.
Probation: Possible, typically 12-24 months, with conditions.

Take Control of Your Defense Today

Facing a DUID charge can be an overwhelming experience, but you don't have to go through it alone. At Winters & Chidester, we stand by our clients every step of the legal process, from consultation to resolution, providing informed advice and relentless advocacy.

Reach out to us for a free consultation to discuss your case. Our experienced team, with a track record of navigating the Georgetown legal landscape, is available to provide the guidance and support you need during this challenging time.

Call us at (512) 961-4555 or reach out online to take the first step towards protecting your future.

Defense Strategies for DWI with Drug Charges

Developing effective defense strategies is crucial in DWI with drugs cases. Georgetown’s diverse community and local enforcement nuances demand an adaptable and well-researched approach.

Challenging Observations: Contest the arresting officer’s subjective assessments and observations as inaccurate or biased.
Questioning Test Results: Explore the reliability and handling of any chemical tests conducted.
Arguing Medical Exemptions: For prescription drug-related cases, demonstrating legitimate use and lack of impairment can be pivotal.

At Winters & Chidester, we employ all requisite tactics, informed by trial experience and our prosecutor backgrounds, to rigorously challenge the prosecution’s case. A robust defense often extends to analyzing the procedural history of the arrest, ensuring that all legal protocols were correctly followed, and any deviation can be leveraged to the client's advantage in court.

Why Choose Us as Your DWI with Drugs Attorney in Georgetown

At Winters & Chidester, our experience as former Texas prosecutors provides us with unique insight into how DWI with drugs cases are handled within the local court systems. This insight is invaluable when building defenses tailored to counter prosecutorial strategies and highlight evidential weaknesses. Our detailed case preparations and strategic legal defenses have gained the trust and respect of clients throughout Georgetown and the surrounding communities.

We take pride in offering bilingual services to ensure that our legal support is accessible to both English and Spanish-speaking clients, providing personalized counsel tailored to each client's unique circumstances. We understand that each client scenario requires individual attention and custom defense plans designed to protect your rights and guide your case toward the most favorable outcome possible.

Frequently Asked Questions

How Is Drug Impairment Determined in These Cases?

Unlike alcohol-related DWIs that rely on measurable blood alcohol content, DWI with drugs cases are based on more subjective indicators—such as officer observations, performance on field sobriety tests, and the presence of substances in blood or urine tests. Because drug effects vary by type and person, timing and testing reliability are often central issues we examine closely in your defense.

Can I Be Charged If I Was Taking Prescription Medication?

Yes. Even if legally prescribed, medications that impair your ability to drive can lead to DWI with drugs charges. Side effects like drowsiness or slowed reaction time are taken seriously by law enforcement. However, our attorneys can present evidence of medical necessity, compliance with dosage instructions, and lack of actual impairment to challenge these accusations.

Will a DWI with Drugs Go on My Criminal Record?

Yes, a conviction will likely appear on your criminal record, which can affect job applications, professional licensing, and even housing opportunities. That’s why fighting the charge—or negotiating a plea that avoids a conviction—is so important. We explore every possible route to protect your future.

Is a First-Time Offense Treated Less Harshly?

First-time DWI with drugs charges may be eligible for reduced penalties or diversion programs, especially if no injuries or accidents occurred. However, the courts still take these offenses seriously. Our firm fights to have charges reduced or dismissed and works to keep your record as clean as possible.

Are Free Consultations Available?

Yes. At Winters & Chidester, we offer free initial consultations. This gives you an opportunity to understand your rights, discuss the charges, and learn how we can defend your case—all with no upfront commitment.

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Real People. Real Wins.

Review Some of Our Results to See for Yourself What We’ve Worked to Achieve

As Georgetown criminal attorneys, we recognize the importance of what we do. Our goal is to help our clients face brighter futures, all while protecting their constitutional rights to the fullest. We couldn't be more proud of the people we've helped and the lives we've changed.

View All Results

Case dismissed Drugs & Firearm During Traffic Stop
We represented a client who was accused of having drugs and a firearm in their vehicle during a traffic stop. We worked with the prosecution to have the case dismissed.
Case Rejected Criminal School Disciplinary Case
We represented a juvenile accused of a crime at school. By attending the school removal hearing to protect his rights and working closely with the prosecutor, we secured a rejection of the case, keeping his record clean.
Probation terminated early Extended Adjudication Probation
We represented a client who wanted to terminate their probation early. We gathered compelling evidence on their behalf and were able to have their probation terminated several years before the scheduled end date.
Case dismissed Assault on School Campus
Case Dismissed False Report to Peace Officer
We secured a dismissal on behalf of a client accused of making a false report to a peace officer.