DWI with Drugs Attorney in Fort Bend County

DWI with Drugs Charge? Former Prosecutors Are Ready to Defend You

At The Sims Law Firm, PLLC, we understand the life-altering implications you face when charged with Driving While Intoxicated with Drugs (DWI with drugs) in Fort Bend County. These charges are serious, and the local legal landscape can be complex. Guided by Attorney Brandon Sims' unique background as a former felony prosecutor, we provide a defense strategy that anticipates the prosecution's moves and leverages every legal advantage.

Every DWI with drugs case is unique, demanding a tailored approach that considers your specific circumstances and needs. We recognize that an arrest for DWI with drugs can be a daunting experience, which is why our firm emphasizes transparency and communication. From the initial consultation, we make sure you are fully informed about the process ahead, your rights, and the potential outcomes.

You need a tough DWI with drugs attorney in Fort Bend County on your side. As former prosecutors, we know how to challenge evidence and protect your rights. Call (713) 766-1445 or reach out online now for a free consultation.

Understanding Texas's DWI with Drugs Laws

In Texas, Driving While Intoxicated (DWI) is defined by Texas Penal Code § 49.04. The legal definition of "intoxicated" under Texas Penal Code § 49.01(2) specifically includes substances other than alcohol. This means you can be charged with DWI if you operate a motor vehicle in a public place while:

• Not having the normal use of mental or physical faculties by reason of the introduction of 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
• Having an alcohol concentration of 0.08 or more.

The first part of this definition is what applies directly to drug DWIs. This means you can be charged with DWI even if your BAC is 0.00%, if the prosecution can prove that your normal mental or physical faculties were impaired due to the introduction of any substance.

Key Aspects of Drug DWI Charges in Texas:

Broad Scope of Substances: The law is intentionally broad, covering:

• Illegal drugs (e.g., marijuana, cocaine, methamphetamine, heroin).
• Prescription medications (even if lawfully prescribed and taken as directed, if they impair your driving ability).
• Over-the-counter medications (e.g., certain cold medicines, antihistamines that cause drowsiness).
• Other intoxicating substances (e.g., huffing inhalants).

"Loss of Normal Faculties": For most drug DWIs, the prosecution must prove that the substance actually impaired your driving. This is often based on:

• Officer Observations: Erratic driving, slurred speech, bloodshot or watery eyes, poor coordination, mood changes, dilated/constricted pupils.
• Field Sobriety Tests (FSTs): Performance on standardized tests (Horizontal Gaze Nystagmus, Walk-and-Turn, One-Leg Stand) or non-standardized tests.
• Drug Recognition Expert (DRE) Evaluations: Law enforcement heavily relies on officers trained as DREs. These officers conduct a 12-step evaluation process, including eye examinations, vital sign checks, and psychophysical tests, to determine if a driver is impaired and, if so, which category of drugs might be causing the impairment. The scientific validity and interpretation of DRE evaluations are often critical battlegrounds for a DWI with drugs attorney in Fort Bend County.
• Chemical Tests (Blood/Urine): These tests detect the presence of drugs in your system. Unlike breath tests for alcohol, blood or urine tests are typically required to detect drugs.

Understanding these complexities is where a dedicated DWI with drugs attorney in Fort Bend County proves invaluable.

Penalties for Drug DWI Convictions in Texas

The penalties for a drug DWI conviction in Texas are generally the same as those for alcohol-related DWIs and escalate significantly with each subsequent offense. Texas has a "lifetime look-back" period for DWI convictions; a prior DWI conviction (alcohol or drug-related) stays on your record permanently and can always be used to enhance subsequent charges, regardless of how much time has passed. 

This "lifetime look-back" makes fighting every drug DWI charge aggressively critical. A DWI with drugs attorney in Fort Bend County from The Sims Law Firm, PLLC works tirelessly to mitigate these severe consequences.

First Offense Drug DWI (Class B Misdemeanor):

• Jail Time: Minimum of 72 hours up to 180 days in county jail. (Mandatory 6 days if open container present.)
• Fines: Up to $2,000.
• License Suspension: 90 days to 1 year.
• Annual Surcharge: $1,000 or $1,500 for three years (totaling $3,000 or $4,500) imposed by the Texas Department of Public Safety (DPS) to retain your license after any suspension.
• DWI Education Program: Mandatory 12-hour program.
• Ignition Interlock Device (IID): Possible installation as a condition of bond or probation.
• Probation: Up to two years, with conditions such as community service, attendance at Victim Impact Panels, and drug/alcohol assessments.

Second Offense Drug DWI (Class A Misdemeanor):

• Jail Time: 30 days to 1 year in county jail.
• Fines: Up to $4,000.
• License Suspension: 180 days to 2 years.
• Annual Surcharge: $1,500 or $2,000 for three years.
• DWI Intervention Program: Mandatory 32-hour program for repeat offenders.
• Ignition Interlock Device (IID): Often mandatory as a condition of bond or probation.

Third or Subsequent Offense Drug DWI (Third-Degree Felony):

• Prison Time: 2 to 10 years in state prison.
• Fines: Up to $10,000.
• License Suspension: 180 days to 2 years.
• Annual Surcharge: $2,000 for three years.
• DWI Intervention Program: Mandatory 32-hour program.
• Ignition Interlock Device (IID): Often mandatory.
• Probation: Possible, but with stringent conditions.

Our Strategic Defense Approach

From the moment you contact us, we begin a comprehensive investigation to build a robust defense tailored to your case. We prioritize:

• Detailed Case Analysis: Each case undergoes rigorous evaluation, addressing both strengths and potential vulnerabilities.
• Evidence Scrutiny: We delve into police reports, chemical test results, and procedural conduct for any inconsistencies or violations.
• Proactive Strategy: Our experience facing down the District Attorney's strategies allows us to craft a defense that anticipates their every move.

Having a strategic defense plan is not just about reacting to the charges; it's about setting the stage for the best possible outcome early in the process. This involves not only challenging the evidence but also, when appropriate, negotiating with prosecutors to consider alternatives to harsh penalties. By fostering professional relationships with court officials, our firm can sometimes facilitate outcomes that align more closely with our clients' best interests, supporting them both legally and personally.

What to Expect in Fort Bend County Courts

The Fort Bend County court system is known for its thoroughness and strict adherence to procedure. By navigating the halls of local justice for years, we have gained insights into the preferences and tendencies of the local judges and prosecutors, allowing us to tailor our approach with precision.

Understanding the expectations and practices in Fort Bend courts can profoundly impact the trajectory of your case. Judges in the county often look for defendants to demonstrate remorse and a willingness to comply with rehabilitative measures. We work with you to prepare character references, develop mitigating factors, and present a strong narrative that emphasizes any positive actions and changes you've made since the arrest. This preparation helps ensure your story is heard and considered throughout the process.

Your Next Step Towards a Confident Defense

Facing a DWI with drugs charge can be intimidating, but having the right legal partner makes all the difference. At The Sims Law Firm, PLLC, we’re ready to stand by you from day one. Our comprehensive defense approach means addressing each facet of your case with care and tenacity. 

Contact us online today or call at (713) 766-1445 for a free consultation and take your first step toward securing your future. Benefit from our local insights and dedicated client support—an attorney ready to personally guide you through this challenge.

Frequently Asked Questions About DWI with Drugs in Fort Bend County

Are Chemical Tests Mandatory in Fort Bend County?

Under Texas’s implied consent law, refusing to submit to chemical testing after a lawful arrest for DWI with drugs can result in automatic license suspension. However, the legality of the arrest and the testing process itself can be challenged. We examine the validity of the stop, the testing protocol, and whether the arresting officer followed required procedures. If any rights were violated, we seek to suppress the resulting evidence in court.

How Do You Build a Defense for a DWI with Drugs Case?

We begin by reviewing every piece of evidence, from traffic stop footage to lab reports, looking for procedural errors, constitutional violations, or flaws in chemical testing. Our trial preparation includes leveraging forensic experts, investigating the arresting officer’s history, and anticipating the prosecution’s strategy. This comprehensive approach enables us to negotiate from a position of strength or present a compelling defense in court if necessary.

Can Prescription Medications Lead to a DWI with Drugs Charge?

Yes. Even if you have a valid prescription, driving while impaired by the medication may still result in a DWI with drugs charge. Common prescriptions like painkillers, sleep aids, and anti-anxiety medications can impair reaction time and decision-making. If your case involves prescription drugs, we assess the medical context and explore defenses based on dosage, timing, and expert medical testimony.

What Should I Do After a DWI with Drugs Arrest?

If you’re arrested, remain calm and avoid making any statements to law enforcement without legal representation. Contact The Sims Law Firm, PLLC as soon as possible. We’ll help you understand what to expect, guide you through license suspension hearings, and begin crafting your defense immediately. Prompt action is critical to preserving evidence, protecting your rights, and reducing the risk of harsh consequences.

SCHEDULE A FREE CONSULTATION