Drug DWI

DWI with Drugs Attorney in Georgetown

Former Texas Prosecutors Defending Georgetown Drivers Against Drug-Related DWI Charges

A Texas DWI charge can involve prescription medications, controlled substances, over-the-counter medications, or a combination of substances that allegedly caused a driver to lose the normal use of mental or physical faculties.

Drug-related DWI allegations turn on claimed impairment, not merely the presence of a substance.

Call (512) 961-4555 to schedule a free consultation about a DWI with drugs charge.

How Texas Defines Intoxication in Drug-Related DWI Cases

Texas Penal Code Section 49.04 prohibits operating a motor vehicle in a public place while intoxicated. Although DWI is often associated with alcohol, the statute also applies to alleged impairment by drugs.

Texas Penal Code Section 49.01 defines intoxication as not having the normal use of mental or physical faculties because 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-related DWI cases, Texas has no specific “per se” legal limit comparable to 0.08% BAC for most drugs, including marijuana. The presence of a drug in a blood test isn’t automatically enough for a conviction. The state must connect the substance to the alleged loss of normal faculties at the time of driving.

Common substances involved in DWI with drugs allegations include:

Illegal Drugs: Marijuana, cocaine, heroin, methamphetamine, ecstasy, and other controlled substances
Prescription Medications: Opioids, benzodiazepines, muscle relaxants, sleeping pills, antidepressants, or other prescribed drugs that may be alleged to cause impairment
Over-the-Counter Medications: Certain cold medicines, antihistamines, or other non-prescription drugs that may cause drowsiness or affect faculties
Combinations: Alcohol and drugs, or multiple drugs used together

Potential Consequences of a Texas DWI with Drugs Conviction

The charge and potential consequences depend on the allegations, prior history, and any applicable statutory enhancements.

Classification: A first offense under Texas Penal Code Section 49.04 is generally a Class B misdemeanor.
Minimum Confinement: The statute generally provides for a minimum term of confinement of 72 hours, subject to applicable exceptions and enhancements.
Prior Convictions: A prior qualifying intoxication-related conviction can raise the level of the offense and affect potential confinement under Texas Penal Code Section 49.09.
Alcohol-Specific Enhancement: A blood, breath, or urine result showing an alcohol concentration of 0.15 or more can affect classification, but this isn’t a drug-concentration limit.
License Issues: Criminal proceedings and administrative license consequences are separate matters that require case-specific review.
Possible Alternative Resolution: In some circumstances, a person may be considered for a different resolution or a Williamson County DWI/Drug Court track, but eligibility depends on program requirements and case-specific factors.

How We Examine the Evidence in a Drug-Related DWI Case

At Winters & Chidester, we review the evidence and procedures used during the arrest. A drug-related DWI allegation may involve officer observations, field sobriety testing, a Drug Recognition Expert evaluation, blood or urine testing, and claims about prescription medication impairment.

Challenging Observations: We examine whether the officer’s observations were consistent, adequately documented, and supported by the circumstances.
Questioning Test Results: We review collection procedures, laboratory analysis, reporting, preservation, contamination concerns, and chain of custody for blood or urine evidence.
Reviewing Prescription Use: Medical records, dosage instructions, medication timing, side effects, and alternative explanations for observed symptoms may be relevant in prescription medication cases.
Examining Procedures: We assess the traffic stop, detention, field sobriety testing, and any drug-recognition evaluation for procedural and evidentiary issues.

At Winters & Chidester, we prepare cases for negotiation or trial and provide personalized legal counsel based on the specific facts, available evidence, and procedural history. Our backgrounds as former prosecutors inform how we evaluate the prosecution’s theory and the evidence offered to support it.

Former-Prosecutor Perspective for Your DWI with Drugs Defense

At Winters & Chidester, our attorneys James Winters and Veronica Chidester are former Texas prosecutors. James Winters prosecuted misdemeanor DWI cases in Travis County before prosecuting felony cases in Travis and Bell Counties. Veronica Chidester worked in the Texas Attorney General’s Office Law Enforcement Defense Division and later prosecuted cases in Travis County.

We work as a team to prepare cases for negotiation or courtroom proceedings. We also provide services in English and Spanish, so clients can discuss the allegations, testing, medications, and court paperwork in the language that works best for them.

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.

Schedule your free consultation by calling (512) 961-4555 or contacting us online. Be ready to discuss the charge, arrest circumstances, testing, medications, court paperwork, and immediate concerns with our attorneys. SCHEDULE A CONSULTATION

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 Juvenile charged
Case Dismissed Assault Family Violence
Case Dismissed Interfering with a 911 Call
We represented a client charged with interfering with a 911 call and providing alcohol to a minor. By working closely with the client and negotiating with the prosecutor, we reached an agreement to have both cases dismissed.
Case Dismissed Juvenile Charged with Assault
We represented a juvenile charged with assault alleged to have occurred at school. We successfully got the case dismissed.
Case dismissed Leaving the Scene of an Accident
We represented a person charged with leaving the scene of an accident. After reviewing the evidence, working with the client, and meeting with the prosecutor we were able to secure a dismissal.