In Texas, a DWI (driving while intoxicated) is different from a DUI (driving under the influence) and is based on age and blood alcohol concentration (BAC):
DWI:
A DWI is charged when a driver has a BAC of 0.08% or higher, or is impaired by alcohol or drugs to the point of reducing their ability to drive safely. This applies to drivers of any age.
DUI:
A DUI is charged when a driver under the age of 21 is operating a vehicle with any amount of alcohol in their system. This includes boats.
Penalties for a DWI in Texas include:
First offense:
Up to $2,000 fine, up to 180 days in jail, and loss of driver’s license for up to a year.
Second offense:
Up to $4,000 fine, one month to a year in jail, and loss of driver’s license for up to two years.
Third offense:
Up to $10,000 fine, state prison time between 2 and 10 years, license suspension up to 2 years, and more.
Administrative License Revocation (ALR)
The Administrative License Revocation (ALR) Program is a civil administrative process requiring the Department to suspend and/or disqualify a driver’s license if a person is arrested for a DWI and the driver:
The suspension of your driving privilege under the ALR program is unrelated to the criminal court proceedings for DWI or DUI.
In most circumstances, a driver has just 15 days from the date that the suspension notice is served to request an ALR hearing or, by default, a driver will lose driving privileges 40 days after the date of arrest.
In Texas, drug possession charges are complicated, depending upon the type and the amount of drugs in possession. While some drugs carry harsher penalties than others, all drug possession charges can result in a criminal record, fines, jail time, and license suspension. That is why consulting with an experienced attorney is crucial to your case.
Here are some answers to frequently asked questions:
What is a Controlled Substance in Texas?
A controlled substance is a drug or chemical whose use and distribution is tightly controlled because of its abuse potential or risk. This can include illicit drugs or prescription medications.
What is Possession of a Controlled Substance in Texas?
An individual can be charged with possession of a controlled substance if he or she knowingly or intentionally possess any of the substances listed in the penalty groups without a valid prescription from a doctor, including drugs, dangerous drugs, chemicals, narcotics, stimulants, prescription pills, medications, synthetic substances and natural substances.
How are Drugs classified in Texas and what is the punishment for possession?
The drugs in Penalty Group 1 are the most heavily regulated in Texas, as they pose no medical use whatsoever. They include the most dangerous and addictive drugs including:
Cocaine
Crack
Heroin
Methamphetamine
Special K – Ketamine
Oxycontin (Oxycodone)
Codeine
GHB
Opium
Methadone
Hydrocodone over 300 grams (including in Vicodin)
Punishment for Penalty Group 1
Less than one gram: State jail felony (180 days to 2 years in a state jail and/or a fine of not more than $10,000)
1 gram or more, less than 4 grams: Third Degree Felony (2 to 10 years in a state prison and/or a fine of not more than $10,000)
4 grams or more, but less than 200 grams: Second Degree Felony (2 to 20 years in a state prison and/or a fine of not more than $10,000)
200 grams or more, but less than 400 grams: First Degree Felony (5 to 99 years in a state prison or life, and a fine of not more than $100,000)
400 grams or more: Enhanced First Degree Felony (10 to 99 years or life, and a fine of not more than $100,000)
Penalty Group 1-A
The only controlled substance in penalty group 1-A is Acid – LSD or analogues of LSD. LSD is not grouped with other drugs because it is sold by the dose while other drugs are sold by weight.
Punishment for Penalty Group 1-A
Fewer than 20 units: State jail felony (180 days to 2 years in a state jail and/or a fine of not more than $10,000)
20 or more units, but less than 80 units: Third Degree Felony (2 to 10 years in a state prison and/or a fine of not more than $10,000)
80 units or more, but less than 4,000 units: Second Degree Felony (2 to 20 years in a state prison and/or a fine of not more than $10,000)
4,000 units or more, but less than 8,000 units: First Degree Felony (5 to 99 years in a state prison or life, and a fine of not more than $100,000)
8,000 units or more: Enhanced First Degree Felony (10 to 99 years or life, and a fine of not more than $100,000)
Penalty Group 1-B
The only controlled substance in penalty group 1-B is Fentanyl , along with its isomers and analogs.
Punishment for Penalty Group 1-B
Under one gram: State jail felony (180 days to 2 years in a state jail and/or a fine of not more than $10,000)
1 – 4 grams: Third Degree Felony (2 to 10 years in a state prison and/or a fine of not more than $10,000)
4 – 200 grams: Second Degree Felony (2 to 20 years in a state prison and/or a fine of not more than $10,000)
200 – 400 grams: First Degree Felony (5 to 99 years in a state prison or life, and a fine of not more than $100,000)
Over 400 grams: Enhanced First Degree Felony (10 to 99 years or life, and a fine of not more than $100,000)
Penalty Group 2
Penalty Group 2 drugs are slightly less dangerous than Group 1. Most hallucinogens fall into Penalty Group 2 and include:
MDMA, Molly, Ecstasy
Bath Salts (Many bath salts)
Adderall (Dextroamphetamine)
PCP (Phencyclidine, Angel Dust)
Mescaline (Peyote)
Mushrooms (Psilocybin)
Proposed legislation: Flakka (alpha-PVP)
THC (Tetrahydrocannabinol); see CBD Oil Prosecution in Texas and Delta 8 THC, Delta 9 THC, Delta 10 THC and THCA in Texas
“Analogs” of the penalty group 2 drugs (designer drugs that are chemically similar to a listed drug and that produce similar effects)
Punishment for Penalty Group 2
Less than one gram: State jail felony (180 days to 2 years in a state jail and/or a fine of not more than $10,000)
1 gram or more, less than 4 grams: Third Degree Felony (2 to 10 years in a state prison and/or a fine of not more than $10,000)
4 grams or more, but less than 400 grams: Second Degree Felony (2 to 20 years in a state prison and/or a fine of not more than $10,000)
400 grams or more: Enhanced First Degree Felony (5 to 99 years in a state prison or life, and a fine of not more than $50,000)
Penalty Group 2-A
Penalty Group 2-A are synthetic marijuana, such as spice, K2, and other synthetic cannabinoids.
Punishment for Penalty Group 2-A
Less than two ounces: Class B misdemeanor (0-180 days in county jail and up to $2,000 fine)
2 ounces or more but less than 4 ounces: Class A misdemeanor (0-1 year in county jail and up to $4,000 fine)
4 ounces or more but less than 5 pounds: State jail felony (180 days to 2 years in a state jail and/or a fine of not more than $10,000)
5 pounds or more but less than 50 pounds: Third Degree Felony (2 to 10 years in a state prison and/or a fine of not more than $10,000)
50 pounds or more but less than 2,000 pounds: Second Degree Felony (2 to 20 years in a state prison and/or a fine of not more than $10,000)
2,000 pounds or more: Enhanced First Degree Felony (5 to 99 years in state prison or life, and a fine not to exceed $50,000)
Penalty Group 3
Penalty Group 3 includes many controlled substances that are depressants or stimulants such as:
Valium
Xanax (Alprazolam)
Clonazepam
Diazepam
Hydrocodone less than 15mg/dose or less than 300 mg
Codeine less than 90mg/dose
Lorazepam
Zolpidem
Ritalin
Testosterone
HGH (Human Growth Hormone)
Punishment for Penalty Group 3
Less than 28 grams: Class A misdemeanor (0-1 year in county jail and up to $4,000 fine)
28 grams or more but less than 200 grams: Third Degree Felony (2 to 10 years in a state prison and/or a fine of not more than $10,000)
200 grams or more but less than 400 grams: Second Degree Felony (2 to 20 years in a state prison and/or a fine of not more than $10,000)
400 grams or more: Enhanced First Degree Felony (5 to 99 years in state prison or life, and a fine not to exceed $50,000)
Penalty Group 4
Penalty Group 4 is made up of a wide range of controlled prescription medications, which carry the potential for abuse including:
Opium
Morphine
Motofen
Dangerous Drugs
Punishment for Penalty Group 4
Less than 28 grams: Class B misdemeanor (0-180 days in county jail and up to $2,000 fine)
28 grams or more but less than 200 grams: Third Degree Felony (2 to 10 years in a state prison and/or a fine of not more than $10,000)
200 grams or more but less than 400 grams: Second Degree Felony (2 to 20 years in a state prison and/or a fine of not more than $10,000)
400 grams or more: Enhanced First Degree Felony (5 to 99 years in state prison or life, and a fine not to exceed $50,000)
What are some common Defenses for Texas Drug Crimes?
Is Probation Mandatory for a first-time drug offense in Texas?
Pursuant to Code of Criminal Procedure 42.551, probation is mandatory for a person convicted of a state jail felony who has no prior felony convictions, if the current charge is for:
Possession of a Controlled Substance under 5 units, Penalty Group 1-A
Possession of a Controlled Substance under 1 Gram, Penalty Group2
Possession of a Controlled Substance 4 ounces to 5 pounds, Penalty Group 2-A
Possession of Marijuana 4 ounces to 5 pounds
Possession a Prescription Form
Note: Probation for these offenses is not mandatory if the person had a previous felony conviction or was already on deferred for this offense.
In Texas, murder is defined as the intentional or knowing killing of another person, or the act of committing an act that is dangerous to human life and results in death. Murder can also be committed in the following circumstances:
Murder
In Texas, murder is defined as intentionally or knowingly causes the death of an individual or, while intending serious bodily injury commits an act clearly dangerous to human life that causes the death of an individual or, while committing a felony commits or attempts to commit an act clearly dangerous to human life that cause the death of an individual or an individual dies in the course of using a controlled substance and the actor was the source of the manufactured or delivered controlled substance.
Manslaughter
When someone recklessly causes the death of an individual. Manslaughter is a second–degree felony and can range from 2 to 20 years in prison, plus a fine of up to $10,000.
Criminally Negligent Homicide
When a person causes the death of an individual by criminal negligence. Criminally Negligent Homicide is a State-Jail Felony and can range from 180 days to 24 months in a state-jail facility, plus a fine up to $10,000.
Capital Murder
Capital Murder is an enhanced type of homicide charge that can result in life without parole or even the death penalty. The specific aggravating factors in a case determine the penalty that the prosecution may seek from a judge or jury.
In Texas, robbery is defined as the act of intentionally or knowingly causing bodily injury to another person, or threatening or placing another person in fear of imminent bodily injury or death, while in the course of committing theft.
Robbery is a serious criminal offense in Texas and is prosecuted vigorously. It is different from simple theft or burglary because it combines the elements of theft with the use or threat of force.
A maximum fine of up to $10,000
Prison time of 2 to 20 years
A sentence of 5 to 99 years or life in prison
A fine of up to $10,000
In Texas, theft is defined as taking someone else's property without their consent and with the intention of depriving them of it permanently. This can include taking, receiving, or concealing property. Theft can also include theft of services, such as when someone receives a service and doesn't intend to pay.
The severity of the charges and potential penalties for theft in Texas can depend on several factors, including:
In Texas, family violence is defined as any act committed by one family or household member against another family/household member that causes bodily injury. The act must be committed against someone whom the actor has or had a dating relationship or is a family/ household member.
Types of Family Violence include:
Offensive or Provocative Contact
Assault Causing Bodily Injury
Enhanced Family Violence
Assault by Impeding the Airway or Choking
Aggravated Assault
In Texas, aggravated assault is a serious criminal offense that can be defined as intentionally, knowingly, or recklessly causing serious bodily injury to another person, or using or exhibiting a deadly weapon during an assault.
“Aggravated Assault”, as per § 22.02 of the Texas Penal Code, occurs when a person commits an assault and the person:
Aggravated assault is a second-degree felony and is punishable by a term of imprisonment ranging from 2-20 years, as well as a fine of up to $10,000.
Aggravated assault can be charged as a first-degree felony if:
Or if the offense is committed:
If charged as a first-degree felony, aggravated assault is punishable by a term of imprisonment ranging from 5 years to life, as well as a fine of up to $10,000.
Firearm offenses in Texas include:
Unlawful carrying of a weapon (UCW)
Unlawful possession of a firearm (UPF)
Disorderly conduct
Some types of weapons are prohibited under Texas and federal law, unless they are federally registered. These include: machine guns, short-barreled shotguns, explosive weapons, and armor-piercing ammunition.
The sentence for a gun charge in Texas depends on the type of offense.
A first-time gun charge is usually a Class A misdemeanor, which can result in up to a year in jail and fines of up to $4,000.
Some possession charges can be enhanced to third-degree felonies, which can result in up to 10 years in prison and fines of up to $10,000.
In Texas, probation violations can include:
Failing to report to a probation officer
Failing to pay fines or fees
Failing a drug or alcohol test
Not completing community service hours
Violating curfews or other restrictions
Committing new crimes or arrests
Traveling outside permitted jurisdictions without permission
Contact with victims or co-defendants
Failure to maintain employment or education
Probation violations are categorized as technical or substantive:
Technical violations
In Texas, an expunction is a court order that removes a criminal record from a person's permanent record, making it appear as if the arrest or conviction never happened.
A person may be eligible for an expunction in Texas if they meet certain conditions, such as:
Completing a pre-trial diversion program
Being found not guilty by a jury
Having a criminal case dismissed by the court, without deferred adjudication, and the statute of limitations for the offense has expired
An appeal in Texas is a legal process that requests a higher court to review a lower court's decision. The higher court will examine the evidence, legal procedures, and application of the law from the original trial to determine if any errors were made.
Some reasons to file an appeal include:
You lost your case in the trial court
An opposing party is trying to overturn your victory in the trial court
You believe the judge made a mistake, such as excluding evidence that could have helped you or admitting evidence that harmed you
Sex crimes in Texas are defined as offenses that involve sexual contact or are sexual in nature and put the victim in a compromising situation. Some examples of sex crimes in Texas include:
Sexual assault or rape: Considered the same as sexual assault, this includes sexual abuse of someone who is unable to consent
Child sex offenses: This includes sexual assault of a child, which is defined as penetration of a child’s sexual organ or causing the child’s mouth or sex organs to come into contact with an adult’s
Public lewdness: This includes having sex in a public place or in a hotel room or house in front of windows
Improper relationship between educator and student: This includes having sex with a person enrolled at a primary or secondary school
Indecency with a child: This is a felony in Texas and has no statute of limitations
Online solicitation of a minor: This is a sex crime in Texas
Possession or distribution of child pornography: This is a sex crime in Texas
Sex crimes are generally considered felonies in Texas and can result in heavy punishments, including multiple years in prison, steep fines, and sex offender registration. Some sex crimes, such as indecency with a child, sex assault of a child, and continuous sexual abuse of a child, have no statute of limitations.
