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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. 

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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.

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Implied Consent:

Texas has an implied consent law which requires drivers to submit to chemical testing if a law enforcement officer suspects they are intoxicated. 

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?

Controlled substances are classified into the following Penalty Groups:

Penalty Group 1

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?

Common defenses can stem from improper searches and seizures to issues that arise during the chain of custody of the evidence. There are also Diversion Programs in most counties for first-time offenders and for repeat offenders who are ready to make a substantial change in their lives.

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 1 Gram, Penalty Group 1 

• 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: 

Felony murder

When someone commits or attempts to commit a felony, other than manslaughter, and in the course of that act, causes the death of another person 

Fentanyl murder

When someone dies as a result of a controlled substance that is included in Penalty Group 1-B under Section 481.1022 of the Health and Safety Code 

Murder is a first-degree felony in Texas, and the punishment can range from 5 to 99 years in prison, plus a fine of up to $10,000. 

If the murder was committed due to sudden passion, it is considered a second-degree felony, and the punishment can range from 2 to 20 years in prison, plus a fine of up to $10,000. 

Capital murder is a more serious charge than murder, and can result in life without parole or even the death penalty. The specific aggravating factors in the case determine the penalty. 

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. 

Robbery is a second degree felony in Texas, and the penalty for a robbery conviction includes:

• A maximum fine of up to $10,000

• Prison time of 2 to 20 years 

Aggravated robbery is a first degree felony in Texas, and the penalty for an aggravated robbery conviction includes:

• A sentence of 5 to 99 years or life in prison

• A fine of up to $10,000 

The statute of limitations for robbery is five years. 

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: 

• Value of the property

  • Theft of property valued at less than $100 is a Class C misdemeanor

  • Theft of property valued between $100 and $750 is a Class B misdemeanor. 

• Prior convictions

  • If you have been previously convicted of theft, the severity of the charges may be increased. 

• Type of property

  • Theft of certain types of property, such as firearms, official ballots, or livestock, can result in more serious charges. 

Family violence is defined as 

1. any act committed by one family or household member against another family/household member that is:

intended to cause:

• physical harm;

• bodily injury, which is defined as physical pain, illness, or damage to your physical condition;

• assault; or

• sexual assault; or

a threat that reasonably places the family or household member in fear of:

• physical harm;

• bodily injury, which is defined as physical pain, illness, or damage to your physical condition;

• assault; or

• sexual assault.

2. any of the following acts committed by a family or household member against a child of the family or household member:

physical injury that results in substantial harm to the child (or that has a real risk of resulting in substantial harm)

sexual conduct harmful to a child’s mental, emotional, or physical welfare (including acts that come under the offense of continuous sexual abuse of young child, indecency with a child, sexual assault, or aggravated sexual assault)

forcing or encouraging the child to engage in sexual conduct, trafficking (under sections (a)(7) or (8) of the law), solicitation of prostitution, or compelling prostitution (under section (a)(2) of the law);

causing, permitting, encouraging, engaging in, or allowing pornographic or obscene photographing, filming, or depicting of the child;

use of a controlled substance (drug) that the use results in physical, mental, or emotional injury to a child;

causing, encouraging, or expressly (specifically) permitting a child to use a controlled substance (drug);

causing, permitting, encouraging, engaging in, or allowing sexual performance by a child;

forcing or coercing a child to enter into a marriage; or

dating violence.

(Dating violence is when an abuser commits an act that is:

• intended to result in physical harm, bodily injury (physical pain, illness, or damage to your physical condition)1, assault, or sexual assault; or

• a threat that reasonably places you in fear of immediate physical harm, bodily injury (physical pain, illness, or damage to your physical condition), assault, or sexual assault.

The act must be committed against:

• someone with whom s/he has or had a “dating relationship;” or

• the new spouse or intimate partner of someone the abuser is/was married to or in a “dating relationship” with.

A dating relationship is defined as a relationship between people who have or had a continuing romantic or intimate relationship. To determine if a dating relationship exists, the judge will consider:

1. the length of the relationship;

2. the nature of the relationship; and

3. the frequency and type of interaction between the persons involved in the relationship.)

Note: If you commit violence to protect yourself or your children and the court believes you acted in self-defense, then this is not family violence.

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. 

Some examples of serious bodily injury include:

• Broken bones

• Scarring

• Permanent disability

• Substantial risk of death

• Serious permanent disfigurement

• Protracted loss or impairment 

Some examples of deadly weapons include:

• A gun

• A knife

• A baseball bat

• A motor vehicle

• Hammers

• Rocks

• Pipes

• Bricks 

Firearm offenses in Texas include: 

Unlawful carrying of a weapon (UCW)

This offense can occur when someone carries a weapon, such as a handgun, club, or knife, in an illegal manner. This can include carrying a handgun without a license or carrying a weapon in a prohibited location, such as a school, government building, or polling place. 

Unlawful possession of a firearm (UPF)

This offense applies to people who have been convicted of a felony, convicted of a family violence assault, or are under a family violence-type protective order. 

Disorderly conduct

This offense occurs when someone intentionally or knowingly displays a firearm or other deadly weapon in a public place in a manner that is calculated to alarm. 

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

These are less serious violations, such as missing a probation officer meeting, failing a drug test, or not paying fees. Penalties for technical violations include extensions to the probation period or changes to the conditions of probation.

Substantive violations

These are more serious violations, such as committing a new crime or possessing contraband. Penalties for substantive violations include jail time or revocation of probation. 

If you're accused of violating your probation, you can expect a revocation hearing. At the hearing, the prosecutor will argue that you violated your probation, and the judge will decide whether to revoke your probation or release you with new conditions. 

If you're accused of a probation violation, you should consider hiring a lawyer to defend you. A lawyer can help you limit the consequences or prove your innocence. 

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 

After an expunction, a person can deny having a criminal record and does not have to disclose the incident. 

Expunctions for juvenile offenses may have different procedures. For example, a person must reach a certain age before applying for an expunction for a juvenile record, and they cannot have had multiple convictions. 

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.