When my son got in trouble with law enforcement, I turned to O’Connell West for help. Doug and Laurie did an amazing job. They steered us through the process, fought for my son and ultimately his case was dismissed. If you or someone you care about is in trouble, I highly recommend you hire O’Connell West.
Austin Drug Possession Attorney
An arrest for drug possession can leave you replaying the traffic stop and wondering what one charge will mean for your job, your license, or your career. In Texas, drug possession means knowingly or intentionally having a controlled substance without a valid prescription. An Austin drug possession attorney starts with the facts that set how serious the charge is.
O’Connell West, PLLC is a team of Central Texas trial attorneys who defend people facing drug charges in Austin and across Travis County. Call 512-547-7265 or contact us to talk about your case.
Why Clients Facing Drug Charges Choose O’Connell West, PLLC
Our case results include drug cases where a license or a military career was on the line. In one, a felony charge for possession with intent to distribute was negotiated to Class A misdemeanor probation, so the client avoided prison and kept a professional license. In another, a service member was acquitted of a Uniform Code of Military Justice drug-use charge after the defense challenged the urinalysis chain of custody, the record of who handled the sample. Clients can also meet with a criminal defense attorney in person at our Austin office.
What Counts as Drug Possession Under Texas Law?
Texas sorts controlled substances into lists called penalty groups. Penalty Group 1 includes drugs such as cocaine, heroin, and methamphetamine, and Penalty Group 1-B covers fentanyl. Under Section 481.115 of the Texas Health and Safety Code, possessing a Penalty Group 1 or 1-B drug is an offense unless it was obtained under a valid prescription, and Penalty Group 2 has a parallel section. Marijuana falls under Texas’s marijuana possession law, which requires a usable quantity, meaning more than trace residue.
Three facts set the level of any possession charge:
- Penalty group: The list the substance falls in sets the starting point.
- Weight: Fillers mixed into the drug, which the law calls adulterants or dilutants, count toward the total.
- Location: Some places, such as school zones, raise the charge.
Texas Drug Possession Penalties at a Glance
These are the lowest possession tiers, and penalties climb with the amount:
| Charge | Classification | Confinement | Maximum fine |
|---|---|---|---|
| Penalty Group 1, 1-B, or 2, under 1 gram | State jail felony | 180 days to 2 years in a state jail | $10,000 |
| Marijuana, 2 ounces or less | Class B misdemeanor | Up to 180 days in jail | $2,000 |
| Marijuana, more than 2 and up to 4 ounces | Class A misdemeanor | Up to 1 year in jail | $4,000 |
The state jail felony range comes from Section 12.35 of the Texas Penal Code, and the misdemeanor ranges come from the same chapter.
Location can push these penalties higher. Under Section 481.134 of the Health and Safety Code, which sets up what Texas calls drug-free zones, possession of less than one gram of a Penalty Group 1, 1-B, or 2 drug, or of more than 4 ounces up to 5 pounds of marijuana, becomes a third-degree felony if it happened on a school bus or in, on, or within 1,000 feet of a school, the premises of a public or private youth center, or a playground.
Can an Austin Drug Possession Charge Be Reduced or Kept Off My Record?
Several paths can lead to a lesser outcome, each with its own rules:
- Drug diversion court: Travis County’s Drug Diversion Court is open to some people with a pending felony drug charge, with the District Attorney’s Office reviewing legal eligibility, a clinical assessment, and the judge deciding who is admitted.
- Misdemeanor punishment: Under Section 12.44 of the Texas Penal Code, a court may punish a state jail felony with the confinement allowed for a Class A misdemeanor after weighing the offense and the person’s background, and at the prosecutor’s request it may authorize prosecuting the case as a Class A misdemeanor from the start.
- Deferred adjudication: Under Article 42A.101 of the Texas Code of Criminal Procedure, after a plea of guilty or no contest, a judge may defer a finding of guilt and place the person on community supervision when that serves the interests of society and the defendant.
None of these paths automatically clears a record. The arrest and the charge typically stay on file, even after a dismissal or a completed deferred adjudication. Depending on the outcome, Texas law may allow an expunction, which erases the record, or an order of nondisclosure, which seals it from most public view.
Will a Texas Drug Possession Conviction Suspend My Driver’s License?
It can. Under Section 521.372 of the Texas Transportation Code, a driver’s license is automatically suspended on final conviction of a felony drug offense, or of a misdemeanor drug offense if the person has a prior drug conviction for an offense committed less than 36 months (three years) earlier. Because the suspension turns on a final conviction, the difference between a conviction and deferred adjudication matters before any plea.
What Happens to a Service Member’s Career After an Austin Drug Arrest?
A service member arrested off base in Austin can face two separate cases: the Texas case and possible action under Article 112a of the Uniform Code of Military Justice, which makes wrongful use or possession of a controlled substance by anyone subject to the code punishable as a court-martial may direct. Because our firm handles both Texas criminal defense and military defense, one team can handle both cases.
Austin Drug Possession FAQs
Can I Be Charged If the Drugs Were Found in a Shared Car or Home?
Yes, but being near the drugs is not enough on its own. Texas law defines possession as actual care, custody, control, or management, and courts look at links such as whose belongings were nearby and whether the drugs were in plain view to connect a person to the substance.
What Is the Difference Between Possession and Possession With Intent to Deliver?
Possession with intent to deliver is a separate, more serious Texas offense. Prosecutors may try to show intent through the amount, packaging, scales, or cash found with the drugs.
Can the Police Search My Car Without a Warrant?
Sometimes. Officers can search a car without a warrant when they have probable cause to believe it holds evidence of a crime, or when the driver agrees to the search. Evidence from an unlawful search can be suppressed, meaning the court keeps it out.
Talk With an Austin Drug Possession Attorney
A drug charge can feel like it has put your whole future on hold. At O’Connell West, PLLC, you can talk through the charge with an attorney in person before any plea decision. Call 512-547-7265 or contact us today to speak with an Austin drug possession attorney.
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