Drug DWI Defense in Hidalgo County

Your Drug DWI Case Stays with an Experienced Trial Lawyer

A drug DWI case requires close attention to the traffic stop, the officer’s observations, any drug-recognition evaluation, and the scientific evidence. At The Rene A. Flores Law Firm, we provide direct criminal defense representation for people accused of driving while intoxicated by prescription medication, controlled substances, or other drugs.

Attorney Rene A. Flores personally handles every case. He has practiced criminal defense in Hidalgo County since 2008, so clients can discuss the charge and the proceedings ahead directly with an experienced trial lawyer.

Call (956) 606-3606 to discuss a drug DWI or drug DUI charge directly with us.

What a Texas Drug DWI Charge Means

Texas law treats drug-impaired driving as driving while intoxicated, commonly called DWI. Under Texas Penal Code §49.01, intoxication includes not having the normal use of mental or physical faculties because of alcohol, a controlled substance, a drug, a dangerous drug, a combination of substances, or another substance in the body. Texas Penal Code §49.04 prohibits operating a motor vehicle in a public place while intoxicated.

A drug DWI allegation doesn’t depend on the 0.08% blood alcohol concentration threshold associated with alcohol cases. Instead, the state may try to establish a loss of normal faculties through observations, evaluations, and toxicology results. Although people sometimes search for this charge as a drug DUI, Texas criminal proceedings use DWI terminology.

Evidence commonly examined in a drug-impaired driving investigation includes:

• Officer observations: Driving behavior, speech, coordination, appearance, and performance on field sobriety tests may become part of the allegation.
• Drug Recognition Expert evaluations: An officer may use a standardized 12-step protocol to evaluate suspected drug impairment during a roadside or follow-up investigation.
• Blood testing: Drug DWI allegations commonly rely on blood toxicology evidence instead of breath-test evidence.

Forensic Review of Drug DWI Evidence

Drug DWI evidence raises scientific questions that differ from those in an alcohol-based case. In 2017, Mr. Flores completed the ACS-CHAL American Chemical Society Chemistry and Law Forensic Lawyer-Scientist certification. That training is relevant when examining laboratory procedures, toxicology reports, and the conclusions drawn from test results.

The Texas DPS Crime Laboratory processes drug DWI blood samples from Hidalgo County. Reviewing this evidence involves more than reading the reported result. Collection procedures, sample handling, laboratory testing, and the final report each require attention.

An officer’s drug-recognition opinion and a blood-test result are separate sources of evidence. We examine each source and compare the recorded observations with the laboratory findings, focusing on what the evidence documents and how the state intends to use it.

Criminal Penalties & License Consequences

The possible consequences of a Texas drug DWI depend on the charged offense, the person’s prior record, and the alleged facts. Criminal penalties and driver’s license consequences can both apply, but the precise outcome varies by case.

Texas DWI penalty ranges include:

• First offense: A Class B misdemeanor punishable by 72 hours to 180 days in jail, a fine of up to $2,000, and a court-ordered license suspension of 90 days to one year.
• Second offense: A Class A misdemeanor carrying 30 days to one year in jail, a fine of up to $4,000, and a license suspension of 180 days to two years.
• Third or subsequent offense: A third-degree felony punishable by two to 10 years in prison and a fine of up to $10,000.

A valid prescription doesn’t automatically defeat the charge. Texas Penal Code §49.10 provides that entitlement to use a substance, including through a valid prescription, isn’t a defense to DWI prosecution. The issue remains whether the state can prove intoxication as defined by Texas law.

What Happens After a Drug DWI Arrest in Hidalgo County

A drug DWI arrest can begin two separate proceedings: the criminal case and the administrative driver’s license process. A driver generally has 15 days from service of a suspension notice to request an Administrative License Revocation hearing. The hearing provides an opportunity to contest the proposed suspension, and the Department supplies the date, time, and location after receiving the request.

The Administrative License Revocation matter doesn’t resolve the criminal charge. Each proceeding has its own issues and schedule, so the license deadline requires attention even if the first criminal court date hasn’t occurred.

Drug DWI cases arising from Mission are prosecuted by the Hidalgo County Criminal District Attorney’s Office. Felony and misdemeanor DWI cases in the county are heard at the Hidalgo County Courthouse. Mr. Flores has also served as a Municipal Judge in Palmview, giving him a courtroom perspective relevant to preparing for hearings and addressing allegations in court.

Discuss Your Drug DWI Charge with Us

We offer consultations for people facing drug DWI charges in Hidalgo County, including residents of Mission and Pharr. Prospective clients can speak directly with Attorney Flores about the evidence, their circumstances, and any immediate deadlines.

Spanish-language services are available, and our contact form provides space to explain the circumstances surrounding the arrest.

Call (956) 606-3606 to speak with us about defending a drug DWI charge in Hidalgo County.