DWI & Drug Defense you can count on.
Drug and Intoxication crimes can have major consequences in Texas. Both can impact your freedom and your future. While these types of cases are common, they can be complex, so it’s critical to have an attorney experienced in the defense of these crimes as quickly as possible when you’re charged. Cami has extensive experienced in the defense of drug and intoxication crimes. She also has the benefit of years of expertise as a prosecutor, giving her the ability to anticipate where the prosecution will be coming from and how to defend against their case.
Collateral Consequences
In addition to criminal consequences, DWIs and Drug crimes can impact other areas of your life, including drivers license eligibility, housing and employment. It is important to have an attorney who recognizes these potential consequences and knows how to respond.
Note: The following information summarizes portions of Texas law for general informational purposes only. Laws may change, and this content may not reflect the most current version of the law.
Driving While Intoxicated (DWI)
Driving While Intoxicated (DWI) is a serious offense in Texas, carrying severe legal consequences. First-time offenders may face fines up to $2,000, jail time of up to 180 days, and license suspension for up to a year. Repeat offenses or aggravating factors, such as having a high blood alcohol content (BAC) or causing injury or death, can result in felony charges, steep fines, and lengthy prison sentences. In some cases, penalties include mandatory installation of an ignition interlock device and extended license suspension. These laws are designed to deter dangerous behavior and keep Texas roads safe.
Texas Penal Code Section 49.04 - Driving While Intoxicated
In Texas, Driving While Intoxicated (DWI) is covered under Texas Penal Code § 49.04. The statute defines DWI as operating a motor vehicle in a public place while intoxicated.
Key elements of Texas Penal Code § 49.04:
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Intoxication is defined as:
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Having a blood alcohol concentration (BAC) of 0.08% or higher, or
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Lacking the normal use of mental or physical faculties due to the introduction of alcohol, drugs, or any other substance.
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DWI Offenses and Punishments
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First Offense (Class B Misdemeanor):
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Punishable by a fine of up to $2,000,
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Jail time of 72 hours to 180 days,
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License suspension of 90 days to 1 year,
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Possible requirement of community service and attending DWI education courses.
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Second Offense (Class A Misdemeanor):
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Punishable by a fine of up to $4,000,
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Jail time of 30 days to 1 year,
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License suspension of 180 days to 2 years,
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Installation of an ignition interlock device may be required as a condition of bond or probation.
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Third Offense (Third Degree Felony):
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Punishable by a fine of up to $10,000,
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Imprisonment for 2 to 10 years in state prison,
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License suspension of 180 days to 2 years,
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Mandatory installation of an ignition interlock device.
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DWI with a Child Passenger (State Jail Felony):
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If caught driving intoxicated with a passenger younger than 15 years old, the punishment includes:
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A fine of up to $10,000,
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180 days to 2 years in a state jail,
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License suspension as outlined above.
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DWI with Open Container (Class B Misdemeanor):
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If an open container of alcohol is found in the vehicle at the time of arrest, the minimum jail term is 6 days.
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DWI with Serious Bodily Injury or Death:
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Intoxication Assault (resulting in serious bodily injury): Third Degree Felony with a punishment of:
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A fine of up to $10,000,
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2 to 10 years in prison.
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Intoxication Manslaughter (resulting in death): Second Degree Felony with a punishment of:
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A fine of up to $10,000,
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2 to 20 years in prison.
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DWI with BAC of 0.15 or Higher (Class A Misdemeanor):
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Enhanced penalties apply when the BAC is 0.15% or higher, increasing the charge to a Class A Misdemeanor:
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Up to 1 year in jail,
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A fine of up to $4,000.
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Enhanced Penalties for DWI in Certain Situations:
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Habitual DWI Offenders: Increased penalties for individuals with two or more DWI convictions.
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Accidents involving serious injury or death: As noted above, the penalties can escalate significantly for intoxication assault or intoxication manslaughter.
Other Consequences of DWI in Texas:
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License Revocation: Depending on the number of offenses, the Department of Public Safety (DPS) may revoke the driver’s license for a period of up to 2 years.
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Surcharges: Texas imposes a surcharge under the Driver Responsibility Program, though this has been modified and replaced in recent years. Fines and fees for license reinstatement can also be substantial.
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Alcohol Education Program: Mandatory completion of a state-approved DWI education program for first-time offenders or a DWI intervention program for repeat offenders.
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Insurance Consequences: A conviction for DWI typically results in significantly higher insurance premiums, sometimes requiring an SR-22 certificate to be filed with the Texas DPS.
Marajuana Offenses
Marijuana possession in Texas carries severe penalties depending on the quantity in possession. For small amounts (under 2 ounces), it is treated as a misdemeanor offense, but the penalties increase significantly as the amount of marijuana increases. Felony charges begin with possession of 4 ounces, leading to years of imprisonment and hefty fines. Tarrant County, like other jurisdictions in Texas, strictly follows these guidelines for marijuana offenses. Additionally, Texas law does not distinguish between recreational and medical use, which means marijuana-related offenses are handled uniformly regardless of the reason for possession.
Texas Health and Safety Code: Marijuana Offenses
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§ 481.121 – Possession of Marijuana: This section makes it illegal for a person to knowingly or intentionally possess a usable quantity of marijuana.
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Penalty Group: Marijuana is treated separately from other controlled substances in Texas law.
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Penalties:
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Class B Misdemeanor: Possession of up to 2 ounces (punishable by up to 180 days in jail and/or a fine of up to $2,000).
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Class A Misdemeanor: Possession of 2 to 4 ounces (punishable by up to 1 year in jail and/or a fine of up to $4,000).
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State Jail Felony: Possession of 4 ounces to 5 pounds (punishable by 180 days to 2 years in state jail and/or a fine of up to $10,000).
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Third-Degree Felony: Possession of 5 to 50 pounds (punishable by 2 to 10 years in prison and/or a fine of up to $10,000).
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Second-Degree Felony: Possession of 50 to 2,000 pounds (punishable by 2 to 20 years in prison and/or a fine of up to $10,000).
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First-Degree Felony: Possession of more than 2,000 pounds (punishable by 5 to 99 years in prison and a fine of up to $50,000).
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You can find the full text of the Texas Penal Code regarding marijuana offenses in the Texas Health and Safety Code under Chapter 481, available here: Texas Penal Code - Marijuana Offenses.
Drug Possession
Possession of illegal drugs in Texas is classified according to the type and quantity of the controlled substance. Penalties range from misdemeanor charges for small amounts of less potent drugs, such as marijuana or certain prescription medications, to severe felony charges for more dangerous substances like cocaine or methamphetamine. Offenders may face fines up to $100,000 and prison sentences ranging from six months to life, depending on the drug and its quantity. Texas takes drug possession charges seriously, and even minor offenses can result in a criminal record and substantial legal consequences.
Texas Controlled Substances Act – Drug Possession Charges
Texas classifies controlled substances into different penalty groups, and the penalties for possession vary based on the type and amount of drug in question.
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Penalty Group 1 (Includes Cocaine, Heroin, Methamphetamine)
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Less than 1 gram: State Jail Felony, 180 days to 2 years in state jail, fines up to $10,000.
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1 to 4 grams: Third-Degree Felony, 2 to 10 years in prison, fines up to $10,000.
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4 to 200 grams: Second-Degree Felony, 2 to 20 years in prison, fines up to $10,000.
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200 to 400 grams: First-Degree Felony, 5 to 99 years or life in prison, fines up to $10,000.
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Over 400 grams: Enhanced First-Degree Felony, 10 to 99 years or life in prison, fines up to $100,000.
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Penalty Group 1A (LSD)
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Less than 20 units: State Jail Felony, 180 days to 2 years in state jail, fines up to $10,000.
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20 to 80 units: Third-Degree Felony, 2 to 10 years in prison, fines up to $10,000.
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80 to 4,000 units: Second-Degree Felony, 2 to 20 years in prison, fines up to $10,000.
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Over 4,000 units: First-Degree Felony, 5 to 99 years or life in prison, fines up to $10,000.
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Penalty Group 2 (Includes Ecstasy, PCP)
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Less than 1 gram: State Jail Felony, 180 days to 2 years in state jail, fines up to $10,000.
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1 to 4 grams: Third-Degree Felony, 2 to 10 years in prison, fines up to $10,000.
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4 to 400 grams: Second-Degree Felony, 2 to 20 years in prison, fines up to $10,000.
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Over 400 grams: First-Degree Felony, 5 to 99 years or life in prison, fines up to $50,000.
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Penalty Group 3 (Includes Xanax, Valium)
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Less than 28 grams: Class A Misdemeanor, up to 1 year in jail, fines up to $4,000.
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28 to 200 grams: Third-Degree Felony, 2 to 10 years in prison, fines up to $10,000.
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200 to 400 grams: Second-Degree Felony, 2 to 20 years in prison, fines up to $10,000.
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Over 400 grams: First-Degree Felony, 5 to 99 years or life in prison, fines up to $50,000.
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Penalty Group 4 (Includes Codeine)
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Less than 28 grams: Class B Misdemeanor, up to 180 days in jail, fines up to $2,000.
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28 to 200 grams: Third-Degree Felony, 2 to 10 years in prison, fines up to $10,000.
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200 to 400 grams: Second-Degree Felony, 2 to 20 years in prison, fines up to $10,000.
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Over 400 grams: First-Degree Felony, 5 to 99 years or life in prison, fines up to $50,000.
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Diversion & Deferred Adjudication:
In Tarrant County, Texas, drug offenders may have access to diversion and deferred adjudication programs aimed at rehabilitation rather than punishment. These programs can provide an opportunity for offenders to avoid a formal conviction and potentially have the charges dismissed if they meet certain conditions. Here’s a summary of some key options available:
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Drug Court Program:
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Tarrant County offers a specialized Drug Court for eligible non-violent offenders. The program focuses on rehabilitation, combining court supervision, drug treatment, counseling, and regular drug testing. Successful completion of the program can lead to the dismissal of charges. This program usually lasts 12 to 18 months.
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Pretrial Diversion Program:
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This program is typically available to first-time offenders. Eligible individuals may avoid prosecution by completing a tailored program that includes community service, drug education, counseling, and regular check-ins with court officials. Once completed, the case is dismissed, and there’s a possibility of having the arrest expunged from the record.
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Deferred Adjudication:
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Deferred adjudication is a form of probation where the offender pleads guilty or no contest, but the judge defers a finding of guilt. If the offender successfully completes probation conditions (which may include drug testing, treatment, and avoiding further legal trouble), the case can be dismissed, though the record may still reflect the arrest.
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First-Time Offender Programs:
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For those with no prior convictions, there are programs focused on treatment and education. These can involve drug rehabilitation, mandatory counseling sessions, and community service. Upon successful completion, charges may be dropped.
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These diversion programs are typically offered to non-violent offenders with a focus on rehabilitation over incarceration, offering a second chance for individuals willing to commit to the program’s requirements. However, eligibility is determined on a case-by-case basis, and failing to meet the terms may result in the reinstatement of charges and sentencing.
For detailed information on diversion and deferred adjudication programs in Tarrant County, Texas, you can visit the following official sources:
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Tarrant County Criminal District Attorney’s Office:
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Tarrant County Courts - Drug Court Program:
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Texas Judicial Branch - Deferred Adjudication:
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Tarrant County Pretrial Services:
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Drug Manufacturing
Texas takes drug manufacture and delivery offenses seriously, with penalties ranging from state jail felonies for small amounts of controlled substances to first-degree felonies for large quantities. A conviction could result in significant prison time, ranging from 180 days to life imprisonment, and fines of up to $250,000. These offenses are often aggressively prosecuted, especially for large-scale operations or dangerous drugs like heroin or methamphetamines, with consequences that include long-term imprisonment and substantial financial penalties.
Texas Health and Safety Code § 481.112 - § 481.114
Under Texas law, drug manufacture and delivery are illegal acts covered under the Texas Controlled Substances Act. These offenses involve the production, preparation, distribution, or delivery of controlled substances such as narcotics, stimulants, or hallucinogens. The penalties for drug manufacture and delivery depend on the type and quantity of the controlled substance. For instance, delivering less than a gram of a controlled substance classified under Penalty Group 1 (such as cocaine or heroin) is a state jail felony, while delivering 400 grams or more is a first-degree felony. The penalties range from 180 days in a state jail to life imprisonment and fines of up to $250,000 depending on the circumstances of the offense and the amount of drugs involved.