Drug DUI
Getting out of Jail Is Easy, Staying out Is Important.
Drug DUI Attorney in Alvin
Board-Certified Defense for Drug Impairment Charges in Brazoria County
A drug DUI charge in Texas is not the same as an alcohol DWI, even though the underlying statute is identical. When law enforcement suspects a driver is impaired by a controlled substance, there is no breathalyzer number to point to. The case against you rests on officer observations, a specialized evaluation, and laboratory results. All of those are contestable. At Law Office of Tom & Ann Stickler, board-certified attorneys Tom and Ann Stickler have spent more than 20 years defending clients in Alvin and Brazoria County against exactly this kind of charge.
If you’re facing a drug DUI charge in Alvin or the surrounding area, call Law Office of Tom & Ann Stickler today at (281) 601-4133 for a free consultation. We offer payment plans to make sure financial concerns don’t stand between you and a strong defense.
How Texas Prosecutes Drug DUI Charges
Texas prosecutes drug impairment behind the wheel under Texas Penal Code Section 49.04, the same DWI statute used for alcohol cases. The critical difference: there is no per se threshold for drugs the way there is a 0.08% blood alcohol concentration limit for alcohol. To secure a conviction, prosecutors must prove you lacked the normal use of your mental or physical faculties due to the controlled substance in your system. That burden of proof creates real opportunities to challenge the evidence.
Controlled substances involved can include marijuana, cocaine, methamphetamine, opioids, benzodiazepines, and even legally prescribed medications. A valid prescription does not automatically shield you from prosecution if the state can demonstrate impairment. These cases require careful examination of how the charge was built from the moment of the traffic stop.
Challenging the Evidence in a Drug DUI Case
Two pillars typically hold up a drug DUI prosecution: the Drug Recognition Evaluator assessment and the blood test results. Both are vulnerable to challenge.
The Drug Recognition Evaluator (DRE) Protocol
When an officer suspects drug impairment, they may call in a Drug Recognition Evaluator, a law enforcement officer trained in a 12-step Drug Influence Evaluation protocol. The DRE examines the driver and renders an opinion about what category of substance caused the impairment. That opinion is just that: an opinion. We scrutinize whether the evaluator followed the protocol correctly, whether they were properly trained and certified, and whether their conclusions can withstand cross-examination.
Blood Test Results
Unlike alcohol breath testing, drug impairment requires a blood draw. Blood evidence introduces a separate set of vulnerabilities: chain of custody, lab procedures, storage conditions, and testing accuracy. Detecting the presence of a substance in someone’s blood is not the same as proving that substance impaired their driving at the time they were behind the wheel. We examine every step of the collection and analysis process to identify weaknesses in the state’s evidence.
Drug DUI Penalties in Texas
The consequences of a drug DUI conviction in Texas can be severe and long-lasting. A first offense is typically charged as a Class B misdemeanor, which carries up to 180 days in jail and fines up to $2,000. Prior convictions, the presence of a child passenger, or other aggravating circumstances can elevate the charge to a Class A misdemeanor or felony.
Beyond jail time and fines, a conviction can trigger driver’s license suspension, mandatory drug education programs, and collateral consequences that affect employment, housing, and professional licensing. Starting the defense process early gives us the best opportunity to challenge the evidence before the prosecution’s case solidifies.
Why Alvin Clients Trust Law Office of Tom & Ann Stickler for Drug DUI Defense
Board certification in criminal law by the Texas Board of Legal Specialization isn’t something every criminal defense attorney carries. Tom and Ann Stickler have earned that credential, and it reflects more than two decades of focused work in Texas criminal courts, including Brazoria County. We handle drug DUI cases with the same thorough preparation we bring to every charge, because the details matter when there’s no single number deciding the outcome.
We also understand that access to quality legal representation shouldn’t depend on your financial situation. That’s why we offer free consultations and flexible payment plans. If a conviction affects your license or results in other post-conviction complications, we can help with occupational licenses and expungements as well, covering the full scope of what you may be facing.
Don’t face a drug DUI charge in Alvin or Brazoria County without experienced defense on your side. Contact us today or call (281) 601-4133 for your free consultation.
Tom & Ann are a dynamic duo, when you watch them in court you quickly realize you hired the best of the best, excellent communication, and answered every question I had thoroughly and quickly. I was extremely happy with the outcome. Great firm, great people and I highly recommend.
Brian P.
“Tom Stickler is amazing, hands down the best attorney in Brazoria County”
Tom Stickler is amazing, hands down the best attorney in Brazoria County. Hopefully I will never need an attorney but if I do, I'll only use Tom Stickler. He's the BEST!! Thank you Tom.
Brandi B.
“Extremely thankful & appreciative his the best of the best. Couldn’t have asked for a better outcome!”
Tom & Ann did their thing! Made this experience super easy & stress-free. Where I had lost hope Tom made it happen & got my case dismissed! Extremely thankful & appreciative his the best of the best. Couldn’t have asked for a better outcome!