Drug Related DWI

Drug related DWI charges in Montgomery County are some of the most aggressively prosecuted cases in Texas. Unlike alcohol cases that rely heavily on a breath test and a clear numeric limit, drug impaired driving charges are complex, subjective and heavily dependent on officer opinion and laboratory interpretation. That combination creates a dangerous situation for the accused. 

Attorney Andrea M. Kolski and her team at Nonstopjustice PLLC are among Montgomery County’s best for expert, aggressive criminal defense. With more than 25 years of criminal law experience, including years as a Harris County prosecutor, Andrea has built an outstanding reputation as a relentless “pit bull in the courtroom” who can challenge Drug Related DWI charges from every angle. Her goal is simple and clear: dismissal whenever possible, or exceptional results that reflect the best interests of the accused. 

If you’ve been arrested for Drug Related DWI, you’re fighting more than a simple traffic case. Your freedom, your record and your future are on the line. The State will unleash it’s power and vast resources to secure a conviction.  To balance the fight, you need an advocate with the experience, skill, and determination to win.  You need Andrea Kolski. 

What Makes a Drug Related DWI Case 

In Texas, a DWI encompasses more than just alcohol. Under Texas Penal Code §49.01(2), a person is “intoxicated” if they do not have 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 

Texas Penal Code §49.04, the basic DWI statute, makes it a crime to operate a motor vehicle in a public place while intoxicated. There is no requirement that alcohol be involved. Prescription medications, over the counter drugs, illegal narcotics or a mixture of substances can all lead to a Drug Related DWI arrest. 

Drug DWI cases are often built on: 

• An officer’s observations of driving and behavior 

• Field sobriety tests that are subjective and not designed for drugs 

• Claims by a Drug Recognition Expert 

• Blood tests interpreted by state crime lab toxicologists 

There is no “per se” 0.08 equivalent for most drugs. Prosecutors must convince a judge or jury that the specific drug or combination of drugs caused you to lose the normal use of your mental or physical faculties. That gives a skilled defense lawyer many opportunities to challenge the State’s case. 

Why Court Appointed Counsel Often Fall Short 

Public defenders and court appointed attorneys serve an important Constitutional role, but the reality of the system is difficult to ignore. First, they are both paid by the state.  Yes, the same government trying to convict you also signs the paychecks of the public defenders and court appointed attorneys assigned to “defend” you.  Let that sink in. 

Texas courts are notoriously overworked with heavy caseloads and overflowing dockets.  With limited resources, court appointed lawyers working complicated cases like Drug Related DWI rarely get the time and expert support needed to mount an adequate defense.  Innocent or not, the pressure to save precious court resources and secure plea deals is relentless.  Not surprisingly, 95%-97% of Texas criminal cases are resolved by plea bargains rather than jury trials. 

Hiring a skilled private defense attorney is your best shot at turning the tables. Research shows that defendants with privately retained counsel obtain more favorable outcomes, on average, than those represented by appointed lawyers. Studies by the Bureau of Justice Statistics and independent criminal justice researchers have documented that: 

• Defendants with private counsel are less likely to be convicted than those with appointed counsel 

• When convicted, privately represented defendants are more likely to receive reduced charges or less severe sentences 

These findings are based on broad criminal dockets across the country, not just DWI, but they highlight an important truth. Complex cases demand time, investigation and the ability to hire experts. Those are precisely the areas where the overloaded Texas court appointed systems struggle. 

Drug Related DWI cases in particular often require: 

• Cross examination of Drug Recognition Experts 

• Detailed review of body cam and dash cam footage 

• Independent toxicology consultation or expert witnesses 

• Challenges to warrants, blood draws and lab procedures 

For anyone facing jail, a long license suspension, a permanent criminal record, and expensive penalties, the difference between a rushed plea and a carefully crafted defense strategy can be night and day. Retaining an experienced private Drug DWI attorney means having someone fighting for you, not the state. 

Focused, Experienced Drug DWI Defense 

Andrea M. Kolski has spent more than 25 years in criminal law in Texas. After graduating from the University of Texas at Austin School of Law, she was selected as a prosecutor for the third largest county in the United States Harris County, Texas.  Andrea represented the state of Texas in a wide array of complex criminal cases before moving on to private defense practice in 2007.  Andrea earned a reputation as a “pitbull in the courtroom” and racked up countless victories for clients in tough Texas courts.  With the respect of her peers, Andrea was elected President of the Montgomery County Criminal Defense Lawyers Association and earned numerous awards including Top 100 National Trial Lawyers and America’s Top 100 Criminal Lawyers. 

Andrea’s depth of experience on both sides of the bench is unique in criminal defense law.  Having been on the prosecution side, she understands the pressure prosecutors face in DWI cases, the elements police and prosecutors use to build Drug Related DWI cases, the state’s reliance on Drug Recognition Experts, and ways toxicology evidence is manipulated to persuade juries. On the defense side, she has flipped the script and successfully exposed the weaknesses in these same methods to secure victories for her clients. 

A Look at Texas Drug Related DWI Law 

In Texas, the core DWI statute is Texas Penal Code §49.04. It provides that a person commits an offense if they are intoxicated while operating a motor vehicle in a public place. As noted above, “intoxicated” includes impairment caused by drugs, not just alcohol. 

Other important provisions include: 

• Texas Penal Code §49.01 defines intoxication, alcohol concentration and other relevant terms 

• Texas Transportation Code Chapter 724 covers implied consent and procedures for requesting and obtaining blood or breath specimens for analysis 

• Texas Transportation Code §724.035 allows for license suspension for refusing or failing a test, which often arises in Drug DWI cases involving blood draws 

Many Drug Related DWI cases also intersect with Texas Health and Safety Code provisions governing controlled substances and dangerous drugs, particularly if possession charges are involved in the same incident. 

Convictions can be enhanced based on: 

• Prior DWI convictions 
• Having a child passenger under 15 in the vehicle (Texas Penal Code §49.045) 
• Causing serious bodily injury or death, leading to intoxication assault or intoxication manslaughter charges under Texas Penal Code §§49.07 and 49.08 

Legal Penalties and Life Consequences 

For a first-time Drug Related DWI, you may be facing: 

• Up to 180 days in jail 
• Fines and court costs that can reach thousands of dollars 
• Driver license suspension 
• Probation, community service and mandatory education or treatment 
• An ignition interlock device requirement in some cases 

With prior convictions or aggravating factors, jail and prison exposure increases significantly, as do fines and other conditions. 

The long-term damage often goes far beyond the courtroom. A Drug Related DWI conviction can affect employment, housing opportunities, education, licensing, higher insurance rates, and negatively impact your family life.   

For most, the cost of a Drug Related DWI goes beyond jail time, expensive fines, and brutal penalties.  The real cost is often unseen and hard to measure.  The missed job opportunities, ongoing hardships, and tremendous strain on personal relationships exact a lifelong toll that can crush your future.  

Drug DWI Charges Require Skilled Aggressive Defense 

Drug DWI cases often hinge on “opinions” or impressions of so-called experts or and officers working for the state.  For example, an arresting officer may claim your eyes, speech, balance or demeanor showed drug impairment. The state may use the testimony of a Drug Recognition Expert and a questionable 12-step process.  A toxicologist may be called to determine the level of a drug in your blood is consistent with impairment. 

A skilled defense attorney knows how each of those pieces of evidence can be challenged and called into question.  For over 25 years, Andrea Kolski has employed her legal skills to successfully cross examine experts for inconsistencies or lack of experience, cast doubt on an officers judgment, or undermine the validity of field sobriety or blood tests.  These and other creative strategies have resulted in countless not guilty verdicts, reduced sentences, and vindicated clients. 

Let Us Lift That Heavy Legal Burden Off You 

Being arrested for a Drug Related DWI can be frightening and confusing. For many, the process is an immense burden that can overwhelm everyday life.   

Andrea M. Kolski and her team at Nonstopjustice are seasoned legal veterans that have helped lift the burden off clients facing the toughest legal challenges, including drug related DWI charges. Here’s what you can expect with Andrea by your side: 

• Explain the charges, statutes and potential penalties in plain language 
• Walk you through the evidence against you and possible weaknesses 
• Manage communication with prosecutors and the court  
• Protect your rights and deadlines, including those related to your drivers license or career obligations 
• Keep you informed every step of the way as your case proceeds 
• Determine likely outcomes based on the particulars of your case and Andrea’s years of legal experience and knowledge 
• Decide the most effective strategy for the best possible outcome 

No lawyer can guarantee results, but having a seasoned fighter like Andrea Kolski in your corner can make all the difference.  Andrea and her team can provide youyou’re your family much needed relief from the stress and uncertainty of a Drug Related DWI. 

Montgomery County’s “Pitbull in the Courtroom” 

If you are facing a Drug Related DWI in Montgomery County, time is not on your side. Evidence needs to be preserved, deadlines must be met and strategic decisions must be made early. Waiting or hoping the case will somehow resolve itself can close doors that might have led to dismissal or significant reduction. 

Andrea M. Kolski has earned a reputation as a “pitbull in the courtroom” for her tenacity and exceptional skills in and out of the courtroom.  Andrea and her team at Nonstopjustice PLLC stand ready protect your rights and start building an effective defense aimed at full dismissal or the best outcome possible.  

Don’t shoulder the stress of Drug Related DWI charges alone. With a seasoned, respected and relentless advocate at your side, you can confidently defend your record, your freedom and your future. 

Contact us today to schedule a confidential consultation for your Montgomery County Drug Related DWI case.