DWI with Drugs Attorney in Waco

Facing Drugged Driving Charges? Trusted Guidance from a DWI with Drugs Lawyer in Waco

If you or someone you care about has been charged with driving while intoxicated with drugs (DWI with drugs) in Waco, you need support from professionals who understand Texas law and your concerns. 

At Milam & Fanning, PLLC, we combine the personal attention of a boutique practice with the resources and established reputation of a larger firm. You receive clarity, confidence, and a responsive approach when you need it most from a DWI with drugs lawyer in Waco.

Navigating DWI with drug charges can feel overwhelming in McLennan County, where local prosecutors often pursue these cases with determination. Our team translates Texas DWI with drugs laws into clear next steps, addressing your questions early to make the legal process more manageable.

Protect your license and future from a felony DWI conviction. Contact Milam & Fanning, PLLC for a free consultation. We are dedicated to aggressive defense. Call (254) 237-5602 or reach out online today.

Understanding DWI with Drugs Laws in Texas

Texas Penal Code §49.04 defines intoxication broadly, allowing the State to pursue a DWI conviction based on drug impairment, even if the driver’s BAC is below the legal limit of 0.08.

Texas law prohibits anyone from operating a vehicle while impaired by illegal drugs, prescription medication, or any other substance that limits safe driving. Local law enforcement and prosecutors frequently rely on field sobriety tests, blood or urine testing, and officer observations as evidence. 

The Core Elements of DWI with Drugs

To secure a conviction for a DWI with Drugs charge, the prosecution must prove beyond a reasonable doubt that:

• Operation in a Public Place: The defendant was operating a motor vehicle in a public place.
• Intoxication (Impairment): The defendant did not have the normal use of their mental or physical faculties by reason of any substance introduced into the body.

The Investigation: Drug Recognition Experts (DREs)

In drug-impaired DWI cases, law enforcement relies heavily on specially trained officers known as DREs. These officers conduct a highly subjective, 12-step evaluation protocol (including eye examinations, muscle tone checks, and vital sign assessment) designed to find circumstantial evidence of drug impairment.

Our firm understands that the DRE protocol is often unreliable and that factors like medical conditions, fatigue, or stress can mimic signs of drug impairment. We treat the DRE's testimony not as a scientific fact, but as a subjective opinion that must be vigorously challenged.

Penalties and Felony Thresholds for DWI with Drugs Convictions in Texas

Penalties for DWI with drugs are identical to those for alcohol DWI and escalate rapidly with repeat offenses, triggering mandatory jail time and potentially a felony conviction.

Direct Criminal Penalties

• First Offense (Class B Misdemeanor): Up to 180 days in jail (with a minimum 72-hour confinement), and a fine up to $2,000.
• Second Offense (Class A Misdemeanor): 30 days to 1 year in jail, and a fine up to $4,000.
• Third or Subsequent Offense (Third-Degree Felony): 2 to 10 years in state prison and a fine up to $10,000.

Aggravated Felony Charges

DWI involving drugs can instantly escalate to a serious felony if aggravating factors are present:

• DWI with Child Passenger (under 15): Automatic State Jail Felony (180 days to 2 years in state jail).
• Intoxication Assault: DWI causing serious bodily injury to another person is a Third-Degree Felony (2 to 10 years in prison).
• Intoxication Manslaughter: DWI causing the death of another person is a Second-Degree Felony (2 to 20 years in prison).

Collateral Consequences of a DWI Conviction in Waco

A conviction for DWI with Drugs carries severe consequences that extend far beyond the direct sentence.

• License Suspension: Mandatory driver's license suspension ranging from 90 days to two years, depending on the number of offenses and whether a chemical test was refused.
• Felony Record: A Third-Degree Felony conviction results in the permanent loss of the right to vote and possess firearms.
• Surcharges: The state assesses an annual surcharge (up to $2,000 for three years) to maintain a driver's license following conviction.
• Employment and Insurance: Increased auto insurance rates and significant barriers to employment, particularly for commercial drivers.

The Texas Criminal Defense Process for DWI with Drugs

The process for a Waco DWI with drugs lawyer case requires expertise in forensic toxicology, constitutional law, and the McLennan County court procedures.

• Challenging the Traffic Stop: We file a Motion to Suppress evidence if the officer lacked reasonable suspicion for the initial stop. If the stop was illegal, all evidence gathered afterwards (FSTs, DRE findings) must be thrown out.
• Attacking the DRE Evaluation: We challenge the DRE's training, standardization, and subjective findings. We argue the DRE is not qualified to give a medical or pharmacological opinion and that the signs of impairment could be explained by fatigue, illness, or physical conditions unrelated to drugs.
• Disproving Impairment: Unlike alcohol, blood tests only show the presence of a drug, not the level of impairment at the time of driving. We use expert toxicologists to testify that the trace amount of drug found in the client's system would not have rendered them impaired, undermining the prosecution's entire case.
• Blood/Urine Test Challenge: We scrutinize the chain of custody for blood and urine samples, looking for contamination or mishandling that could invalidate the lab results.
• Plea Negotiation and Treatment Alternatives: We leverage weaknesses in the DRE evaluation and toxicology report to negotiate a reduction to a non-DWI offense (like reckless driving) or seek entry into McLennan County's DWI Court Program, which prioritizes treatment and supervision over incarceration.

What Makes Our DWI with Drugs Attorneys Different in Waco

Choosing Milam & Fanning, PLLC means you get more than just legal representation. We bring a strategic mindset to every case, drawing on years of practical knowledge defending clients facing DWI with drugs in Waco and throughout Texas. 

With accessible attorneys, direct communication, and legal solutions tailored to your situation, we address challenges confidently and advocate for your best interests at every stage.

Our familiarity with the Waco Municipal Court and McLennan County District Court gives our clients an edge as we develop defense strategies that consider each judge’s and prosecutor’s approach. 

We recognize that every case hinges on specific details, so we commit to reviewing evidence, questioning testing methods, and assessing how each fact may impact how your situation proceeds.

Your Experience With a DWI with Drug Attorney in Waco

If you are facing a DWI with drug charge, you likely have many questions about your next steps. At Milam & Fanning, PLLC, we give you step-by-step guidance and a legal team that listens and communicates transparently. 

Our approach includes the following key points:

• Fast response to questions: We work to return calls quickly and keep you updated through every stage of the legal process.
• Straightforward advice: You get direct answers based on facts and current Texas law, without confusing legal speak.
• Tailored strategies: We consider every angle, including specifics of your traffic stop and arrest, to help shape recommendations that fit your case.
• Ongoing support: Through court appearances and decisions about your future, we stay in your corner, making options clear and manageable.

This process, paired with our respected reputation, helps reduce uncertainty and give you a practical roadmap for your case.

Our priority extends beyond the legal facts to support you as an involved participant throughout your case. By empowering you with information, we help you face decisions with knowledge and confidence.

Contact Our DWI with Drugs Lawyer in Waco for Guidance & Support

If you feel uncertain about what information to provide or how to get started, our intake team will guide you through each step. For people who want to protect their rights during a stressful process, early action makes a difference. 

Reaching out early to a DWI with drug attorney in Waco ensures you receive answers to your questions and timely support through every stage of your defense.

Call (254) 237-5602 or fill out this online form today to get started.