Slidell Drug DWI Attorney

Get Strategic Defense Against Drug DWI Charges

Louisiana is tough on impaired driving, and the case becomes even more complex when drugs are involved. Unlike alcohol-related DWI, there is no clear legal limit for drugs in your system while driving. The case may hinge on flawed testing methods, subjective judgment, or vague observations by law enforcement officers. You need a DWI lawyer who understands how drug impairment cases work. At McMillin Law, LLC, we question the evidence, challenge assumptions, and build a case tailored to the facts.

How Is Drug DWI Different in Louisiana?

DWI means more than drunk driving in Louisiana. Under state law (La. RS 14:98), the crime of operating a vehicle while impaired includes impairment by alcohol, any drug, or a combination of drugs, or any combination of alcohol and drugs. You can be charged with DWI even with a valid prescription if an officer believes your driving ability was impaired by the medication.

In cases involving alcohol, a blood alcohol concentration (BAC) of over .08% is legally presumed intoxicated. Drug DWI arrests typically rely on the following components, all of which are open to challenge:

Officer observations (erratic driving, slurred speech, bloodshot eyes)
Field sobriety tests (highly subjective)
Drug recognition experts (DREs): police officers trained to recognize drug impairment
Toxicology reports, which may show the presence of drugs but not impairment

We investigate every angle, from the traffic stop’s legality to the lab results’ accuracy, to build a case that works in your favor.

What Are the Penalties for Drug DWI in Slidell?

Louisiana treats DWI as seriously when it is drug-based as when it is alcohol-intoxicated driving. If convicted, you could face the following penalties:

First Offense: 10 days to six months in jail, a fine of $300 to $1,000, 12 months driver’s license suspension, probation, mandatory substance abuse, and driver improvement programs.
Second Offense: 30 days to six months jail time, a fine of $750 to $1,000, 24 months license suspension, probation, substance abuse, and driver improvement programs.
Third or Fourth Offense: Felony charges that may carry a mandatory sentence of one to five years in jail, fines of up to $5,000, 36 months license suspension, and mandatory 0-30 years in jail.

Beyond the legal penalties, a DWI conviction could affect your reputation, your employment, and your future opportunities. For all these reasons, it is essential to fight against the charges.

Does a Prescription Provide Any Protection Against Drug DWI Charges?

Despite a common misconception, having a valid prescription will not protect you against DWI charges. Even if you took a prescription medication exactly as directed, if a police officer believes the meds impaired your ability to drive, you could be arrested. Louisiana law on impaired driving defines a drug as any substance or combination of substances that could impair the ability to operate a vehicle safely. It does not distinguish between street drugs and prescribed medications in DWI cases.

What Are the Legal Defenses Against Drug DWI?

In a drug DWI, much of the prosecution’s case is a matter of interpretation. We challenge every flaw, focusing on specific details, including the following:

Was the traffic stop legal? If police lacked probable cause to pull you over, any evidence collected may be deemed inadmissible.
Were field sobriety tests administered properly? These tests are not foolproof, particularly for individuals with physical or medical conditions.
Was the arrest based on actual impairment or simply on the presence of drugs? The law requires proof of impairment, not only use.
Were your rights violated during the arrest? If law enforcement violated your constitutional rights, it could significantly weaken the case against you.

Our legal team can bring in toxicology experts, challenge flawed DRE testimony, and scrutinize the science behind the state’s claims. Our focus is on strategy, precision, and results.

Providing You With Powerful Legal Representation for a DWI Charge

About 25-30% of our cases involve DWI charges in which the person is suspected of using drugs. (See Louisiana DWI Laws for more specific laws related to drug-related DWI.)

The fact that you might have a prescription for drugs, such as painkillers, Xanax for anxiety, or Soma for muscle pain, is NOT a defense. It is legal for you to drive while using prescription drugs, or drinking, for that matter, but it is not legal if doing so impairs you.

DWI penalties for driving under the influence of drugs are the same as they would be if a driver is exhibiting alcohol-intoxicated driving behavior. Thus, you need a DWI attorney to provide your best legal argument against the arrest.

Louisiana’s Law Regarding Driving While Under the Influence of Drugs

Louisiana has a specific statute regarding drug-related DUI crimes.

The most relevant section of the law to those facing misdemeanor and felony DWI drug charges states:

14 La. Revised Statute § 98A. (1) The crime of operating a vehicle while intoxicated is the operation of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when: …(:c) The operator is under the influence of any controlled dangerous substance listed in Schedule I, II, III, IV, or V as outlined in La. RS 40:964(d)(i) The operator is under the influence of a combination of alcohol and one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription. (e)(i) The operator is under the influence of one or more drugs that are not controlled dangerous substances, and which are legally obtainable with or without a prescription.

As Louisiana’s law reads, a person can be convicted for a DWI drug crime when they are in control of nearly any type of vehicle and were under the influence of either an illegal drug (marijuana, cocaine, methamphetamine, heroin, other narcotics, etc.) or a medication available OTC or by prescription. The state will provide the police officer’s report and drug test of your blood or urine as evidence that you used a drug that was legal or illegal and that that substance impaired your ability to safely operate your vehicle.

Whether you need an attorney to handle the illegal drug aspect of your case or to show proof that your medication use was lawful, your best choice for legal counsel is the law office of McMillin Law.

Practice Areas

DWI and Drugs
DWI with a CDL
Underage DWI
Out of State DWI
Multiple DWI
Felony DWI
Field Sobriety Tests
Illegal Vehicle Searches
Vehicular Homicide & First Degree Negligent Injuring Charges
Open Container Laws
Boating While Intoxicated
Driver’s License Suspension

Experienced DWI Lawyers

Advanced DUI Defense Training
Free Consultations
24/7 Access
Marine Corps Veteran

Awards & Associations

American Chemistry Society – Lawyer Scientist
Louisiana Association of Criminal Defense Lawyers
Louisiana Veteran-Owned Business
Texas DWI Lawyers
Military Veterans Advocacy
National College for DUI Defense Member
Texas Criminal Defense Lawyers Association
Wounded Warrior Project
DUI Defense Lawyers Association

Why Choose Us?

At McMillin Law, LLC, we provide powerful criminal defense against drug DWI charges. Our seasoned trial lawyer has a history of success in challenging cases. Penalties are harsh for DWI in Louisiana. If you are facing these charges, contact us at 985-282-2552 for a free 15-minute consultation.