Can I Lose my Drivers License for a Drug Crime?

If you are facing a drug conviction in the state of Texas, you are at risk of having your driver’s license suspended. It doesn’t matter if your drug charges are based on drug trafficking, drug possession, possession of drug paraphernalia or selling. All of these drug offenses mean that the court can order your driver’s license to be suspended for up to 180 days. If you are under 21 years old, this can be extended to a year long driver’s license suspension.

We understand that having a restricted license does not just affect you, but those around you. If you are a parent with children who rely on your driving for school, or if you need a car to get to work everyday, it is a stressful and emotional time for all who are involved.

At The Love DuCote Law Firm LLC, we are home to some of the best criminal offense attorneys in the state, who will be able to protect your interests, rights and future. They will build a strong attorney-client relationship with you, helping to develop a defense against your drug charges and avoid having your driver’s license suspended.

For the best foot forward for your future, contact our law office today 832-843-1691.

Which Drug Crimes Can Our Law Office Help You With?

Our criminal defense attorneys offer legal representation and advice to those facing drug crimes that could lead to driver’s license suspensions.

Under federal law as issued by the federal government, drug crimes refer to criminal charges relating to certain controlled substances. In the state of Texas, the severity of consequences depends on the amount of controlled substances you handle and what you do with it. As mentioned previously, it doesn’t matter what drug crime you are facing, the penalties will result in having your driver’s license suspended for six months.

Listed below are crimes relating to illegal drugs that our law office can provide support with:

  • Drug trafficking.
  • Drug distribution.
  • Drug possession.
  • Cocaine possession, sale, or trafficking.
  • Marijuana possession, sale, or trafficking.
  • Methamphetamine possession, sale, or trafficking.
  • Misdemeanor drug charges.
  • Prescription drugs – this is the unauthorized possession, distribution, or resale.

Which Drugs Are Classified as Illegal in Texas?

Some of the more common illegal drugs in Texas are heroin and cocaine. However, there are many people convicted of a drug conviction involving other drugs. In Texas, a drug offense can include both legal and illegal drugs. For example: if you are misusing prescription medication, this can lead to your arrest and driver’s license suspension. Listed below are some examples of illicit drugs in Texas, including but not limited to:

  • Bath salts.
  • Cannabis / Hashish.
  • Cocaine.
  • Ecstasy.
  • Heroin.
  • Ketamine.
  • LSD.
  • Marijuana.
  • MDMA.
  • Opium.
  • Methamphetamine or Speed.
  • Synthetic drugs such as Spice or synthetic marijuana.

What Are Felony Drug Crimes In Texas?

Compared to most states, Texas has a strict approach to drug crimes. If you are facing a drug conviction in the state of Texas, the drug charge can be a felony. Some drug offenses are not instantly defined as felonies but can be made as such due to the possession of drug paraphernalia.

If you have had a drug conviction that has been upgraded to a felony, you will face a driver’s license suspension immediately for six months. Listed below are the types of drug felonies in the state of Texas.

Drug Trafficking

This is an offense that is similar to drug delivery. In Texas laws, it is considered to be equal to the knowing intent of delivering, manufacturing or possessing a controlled substance. Drug trafficking is the transfer of controlled substances from one person to another, which may lead to but does not always involve a further selling of these substances.

Drug Paraphernalia Delivery To A Minor

This refers to the crime of intentionally delivering an illegal substance to a minor, which is a person who is under 18 years old. This also includes having drug paraphernalia in your possession or manufacturing it with the intention to deliver it to a minor. To be charged with a felony, the laws state that the offender must be over the age of 18.

Drug paraphernalia can be categorized as any object that has the intention to grow, plant, cultivate, compound, convert, test, manufacture, store, conceal, process or analyze a controlled substance.

Drug Possession

This charge refers to when an individual intentionally and knowingly possesses a certain amount of an illegal drug without having a prescription. The severity of the consequence depends on the amount of the illegal substance that is found in possession at the time of the arrest.

Prescription Drugs Fraud

This refers to when an individual knowingly possesses, obtains or attempts to possess an increased amount of controlled substances. They can achieve this through forgery, fraud, deception or misrepresentation of a fraudulent prescription form. An individual can achieve this act either through electronic prescriptions or verbally.

Intent To Distribute

To be charged with a felony, a person must be found in possession of illegal substances with the intent to distribute them to other people. As mentioned previously, this can also be found through the possession of drug paraphernalia such as small plastic bags and equipment. There does not have to be a sale of illegal drugs for a person to be charged with intent to distribute, drug possession charges can still be made.

Drug Manufacturing

To receive a felony charge for drug manufacturing, a person must be found to knowingly manufacture a controlled substance. Manufacturing drugs refers to preparing, converting, producing or processing controlled substances. This drug charge also includes the packaging, repackaging, labeling and relabeling of the illegal substance also.

How Can I Get My License Reinstated If I Have A Suspended License?

Even if your drug charge has nothing to do with being caught driving under the influence, (otherwise known as DUI), there are laws that will suspend driver’s licenses in Texas. If you are convicted of a drug or controlled substance offense in the state of Texas, you can expect the following:

  • Your driver’s license will be suspended for up to 180 days.
  • You are required to complete a 15-hour class in an authorized, court approved Drug Education Program.
  • You must pay a $100 reinstatement fee for future driving privileges to be reinstated. In addition, you must pay any other outstanding fees owed.
  • You must secure a Financial Responsibility Insurance Certificate (otherwise known as an SR-22) from a trusted insurance company. Note that an SR-22 must be maintained for up to two years from the date of your conviction.

If at your first conviction you did not have a driver’s license, you will be denied from getting one issued for 180 days. This is also known as Order of Prohibition, and this denial begins when you contact the Department when you are inquiring about an application or obtaining a driver’s license.

Approved Drug Education Programs can be found through the Texas Department of Licensing and Regulation (otherwise known as TDLR). If you fail to complete the total requirement of 15 hours of class, this will result in the revocation of your driver’s license, stretching beyond the original 180 day suspension period. Once you have completed the program, you must submit a certificate of completion to the Department.

Following these steps will ensure that you will be reissued your suspended license.

Contact A Criminal Defense Attorney Today

Here at The Love DuCote Law Firm LLC, we understand the stress that losing your driver’s license can bring when facing drug charges. Texas drug laws are a lot stricter than many states across the United States, meaning you need a committed criminal defense lawyer who can fight your corner with an understanding of the law.

We understand that with such cases, lots of confidential or sensitive information is included that is difficult to face up to. This is why our attorneys establish a strong attorney client relationship to ensure trust and guidance as your lawyer leads you through this challenging time.

If you have been arrested for any type of drug offense in Texas, contact The Love DuCote Law Firm LLC immediately to discuss how we can fight your case with a criminal defense attorney. Contact us at 832-843-1691 today to begin the legal process and to protect your driving privileges.

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