Texas Penal Code § 49.04

A DWI charge in Texas can have life-changing consequences, including steep fines, license suspension, potential jail time, and a criminal record. We provide aggressive and strategic defense against DWI charges, examining every detail of your case to challenge the evidence against you. From questioning the legality of the traffic stop to scrutinizing breathalyzer and field sobriety test results, we leave no stone unturned. Our goal is to reduce or dismiss charges whenever possible and protect your rights every step of the way.

Definition: A person commits DWI if they operate a motor vehicle in a public place while intoxicated, meaning a blood alcohol concentration (BAC) of 0.08% or higher or lacking normal use of mental or physical faculties due to alcohol, drugs, or a combination.

Penalties:

First Offense: Class B misdemeanor, up to $2,000 fine, 72 hours to 180 days in jail, and license suspension of 90 days to 1 year.

Second Offense: Class A misdemeanor, up to $4,000 fine, 30 days to 1 year in jail, and license suspension of 180 days to 2 years.

Third Offense: Third-degree felony, up to $10,000 fine, 2 to 10 years in prison, and license suspension of 180 days to 2 years.

Enhanced Penalties: Higher BAC levels (0.15%+), accidents causing serious injury or death, or DWI with a child passenger increase penalties significantly.

• Definition: An Occupational Driver’s License allows individuals with a suspended license to drive for essential purposes, such as employment, school, or medical needs.

• Eligibility: 

Drivers whose licenses are suspended for specific reasons (e.g., DWI conviction or administrative suspension) can apply. 

Some offenses, such as habitual violations, may disqualify individuals.

• Application Process:

File a petition in the appropriate court (Justice of the Peace, County, or District Court).

Include proof of need (e.g., employment verification) and a certified driving record.

Attend a court hearing where a judge may grant or deny the ODL.

• Restrictions:

Driving hours and locations are limited to what is specified in the court order.

Some individuals may be required to install an ignition interlock device.

Texas Transportation Code

§521.241 - §521.253

A driver’s license suspension after a DWI or other traffic-related offense can disrupt your daily life, making it difficult to work, attend school, or manage household responsibilities. We help clients regain their ability to drive legally by obtaining an Occupational Driver’s License (ODL). This special license allows you to drive for essential purposes and ensures compliance with Texas law. We handle every aspect of the ODL process, from filing the petition to representing you in court, so you can get back on the road without unnecessary delays.

Drug Possession (§481.115 - §481.118):

Drug offenses in Texas are taken seriously, with harsh penalties ranging from fines and probation to lengthy prison sentences, depending on the nature and amount of the controlled substance involved. Whether you’re facing charges for possession, trafficking, or manufacturing, we’re here to fight for you. Our experienced attorneys will thoroughly review the circumstances of your arrest, challenge unlawful searches or seizures, and build a strong defense strategy tailored to your situation. We work tirelessly to negotiate reduced charges or pursue case dismissals to safeguard your future.

•  Definition: Possession of a controlled substance without legal authorization.

•  Penalties  by Penalty Group and Amount:

Penalty Group 1 (e.g., cocaine, methamphetamine):

Less than 1 gram: State jail felony (180 days - 2 years, up to $10,000 fine).

1 to 4 grams: Third-degree felony (2-10 years, up to $10,000 fine).

Larger amounts increase penalties significantly.

Penalty Group 2 (e.g., MDMA, PCP): Similar penalties, varying by substance and amount.

• Marijuana possession has separate penalties under § 481.121.

Manufacture or Delivery (§481.112 - 481.114):

Definition: Manufacture or delivery of a controlled substance involves producing, packaging, transporting, or distributing illegal drugs or other controlled substances, as defined by the Texas Controlled Substances Act. This includes:

Producing substances through chemical synthesis.

Delivering substances knowingly or intentionally to another person.

Possession with intent to distribute is also categorized under this offense.

Penalties by Penalty Group and Amount:

Penalty Group 1 (e.g., Cocaine, Methamphetamine, Heroin, Fentanyl)

Less than 1 gram: State Jail Felony

Penalty: 180 days to 2 years in state jail, fine up to $10,000.

1 to 4 grams: Second-Degree Felony

Penalty: 2 to 20 years in prison, fine up to $10,000.

4 to 200 grams: First-Degree Felony

Penalty: 5 to 99 years or life in prison, fine up to $10,000.

200 to 400 grams: Enhanced First-Degree Felony

Penalty: 10 to 99 years or life in prison, fine up to $100,000.

400+ grams: Enhanced First-Degree Felony

Penalty: 15 to 99 years or life in prison, fine up to $250,000.

Penalty Group 2 (e.g., Ecstasy, PCP)

Less than 1 gram: State Jail Felony

Penalty: 180 days to 2 years in state jail, fine up to $10,000.

1 to 4 grams: Second-Degree Felony

Penalty: 2 to 20 years in prison, fine up to $10,000.

4 to 400 grams: First-Degree Felony

Penalty: 5 to 99 years or life in prison, fine up to $10,000.

400+ grams: Enhanced First-Degree Felony

Penalty: 10 to 99 years or life in prison, fine up to $50,000.

Penalty Group 3 and 4 (e.g., Xanax, Codeine, Prescription Drugs)

Less than 28 grams: State Jail Felony

Penalty: 180 days to 2 years in state jail, fine up to $10,000.

28 to 200 grams: Second-Degree Felony

Penalty: 2 to 20 years in prison, fine up to $10,000.

200 to 400 grams: First-Degree Felony

Penalty: 5 to 99 years or life in prison, fine up to $10,000.

400+ grams: Enhanced First-Degree Felony

Penalty: 10 to 99 years or life in prison, fine up to $100,000.

Aggravating Factors that Increase Penalties:

Delivery to a Minor: Providing or selling controlled substances to someone under 18 increases the severity of the charge.

Delivery Near Certain Locations: Selling drugs near schools, playgrounds, or public housing can lead to enhanced penalties.

Repeat Offenders: Prior convictions for drug-related offenses may result in enhanced sentencing under Texas law.

Key Considerations:

Intent to Deliver: Even possessing significant quantities of a controlled substance may result in a charge of intent to distribute.

Defenses: Common defenses include illegal search and seizure, lack of intent to distribute, or insufficient evidence linking the accused to the substance.