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Criminal Defense

Texas Drug Possession Laws

Texas Drug Possession Laws

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Texas Drug Possession Laws: What Counts as a Felony?

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John D.

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Texas Drug Possession Laws

If you get caught with drugs in Texas, you can face very serious charges and, in some scenarios, felony charges. Whether you are holding marijuana, cocaine, or meth, the law is easy to understand. In most situations, the quantity and type of drug you possess would elevate a basic charge to a felony. That means penitentiary time, heavy fines, and a criminal record for life.

Here’s a closer look at how Texas defines felony possession of drugs. Moreover, under what circumstances could you face charges that are more serious than a simple misdemeanor.

Texas Drug Laws: The Basics

Texas categorizes controlled substances into groups called Penalty Groups. These groups include certain drugs that fall under each category, and the punishment will depend on the specific category of the drug. 

Here’s a quick overview:

Penalty Group 1: Cocaine, heroin, meth, fentanyl, and others. These drugs carry the harshest penalties. 

Penalty Group 1-A: LSD and similar hallucinogens.

Penalty Group 2: MDMA/Ecstasy, PCP, and synthetic THC. 

Penalty Group 2-A: Synthetic cannabinoids, K2, or Spice. 

Penalty Group 3: Prescription drugs (Xanax, Valium, etc.) with no prescription. 

Penalty Group 4: Low-dose narcotics combined with non-narcotic ingredients. 

Marijuana is handled separately. It’s not in a penalty group, but the legal risks are serious.

What Makes Drug Possession a Felony in Texas?

Drug possession charges are not always felonies.A few things, however, can very quickly turn a charge into a felony.  

When possession becomes a felony, the following occurs:

  • Even if it’s for personal use, you have a lot of the drug.
  • You have a hard substance, such as meth or heroin.
  • You are near a drug-free zone, school, or daycare.
  • You have preconceived notions.
  • Baggies, scales, or significant sums of cash are among the goods that police locate that indicate intent to sell.

Certain drugs may qualify as felonies even in small dosages. For instance, there may still be jail time for fewer than one gram of cocaine. 

Breakdown by Penalty Group: Felony Thresholds

Different rules apply to each penalty group.The criminal charges and restrictions on drug type and quantity are listed below.

Group 1 Penalty (Cocaine, Heroin, Meth): 

  • State Jail Felony = less than 1 gram
  • Third-Degree Felony = 1– 4 grams
  • A second-degree felony = 4–200 grams
  • First degree felony = 200 to 400 grams
  • 400 grams = life or 10–99 years.

Group 2 Penalty (PCP, Ecstasy)

  • Felony in State Jail = less than 1 gram
  • Third-Degree Felony = 1–4 grams
  • A second-degree felony = 4–400 grams.
  • First-degree felony = 400 grams or more.

Groups 3 and 4 Penalties (Prescription Meds W/O  RX)

  • Less than 28 grams = misdemeanor.
  • A third-degree felony = 28–200 grams.
  • Second-degree felony = 2 to 400 grams.
  • First-degree felony = 400 grams or more.

Marijuana

  • Class B Misdemeanor = 2 ounces
  • Class A Misdemeanor = 2–4 ounces
  • State jail felony = 4 oz to 5Ibs 
  • Third-Degree Felony = 5–50 Ibs
  • A second-degree felony = 50–2,000 Ibs.
  • 2,000 pounds or more is a first-degree felony.

Additionally, marijuana concentrates, such as wax or oil, are subject to harsher laws and, even in small quantities, can result in felonies.

Types of Felony Charges for Possession

There are four primary felony levels for drug possession under Texas law. Each level has its own fine and punishment ranges. 

State Jail Felony

  • In a state prison, 180 days to 2 years
  • $10,000 in fines
  • Common charges for having less than one gram of a dangerous drug.

Third-Degree Felony

  • 2 to 10 years in prison
  • $10,000 in fines
  • Applies to moderate amounts or repeat offenders

Second Degree Felony

  • 2–20 years in jail
  • $10,000 in fines
  • Includes higher drug dosages or usage in specific areas.

First-Degree Felony

  • Life in jail or 5 to 99 years
  • $10,000 in fines
  • Reserved for severe situations or large amounts

When Charges Get Even Worse: Enhancements

Sometimes, your charge can be aggravated by additional factors. These aggravating factors are referred to as enhancements, and they substantially increase the stakes. 

Common Enhancements include:

  • Arrested in a drug-free zone such as school, youth center, or park
  • Having weapons on you at the time of arrest.
  • Prior felony convictions 
  • Involvement of minors 
  • Possession with intent to distribute, even if not selling

The police may charge you with “intent to deliver” just because you had baggies, a digital scale, or large amounts of cash on you.

Consequences Beyond Jail

A felony drug conviction can affect you long after you’ve completed your sentence.

Here are just some of the long-term consequences:

  • A permanent criminal record
  • Loss of voting rights and gun rights
  • Difficulty finding housing or employment
  • Loss of professional qualifications
  • Suspension of your driver’s license
  • Deportation if you are not a citizen

Even if you are not imprisoned, a mark on your record can affect almost all components of your life.

What to Do If You’re Charged With Felony Drug Possession?

If you are charged with felony drug possession, the most important step is to hire a qualified Texas defense attorney. Don’t attempt to handle this by yourself.

A lawyer Can Assist You With:

  • Scrutinizing the arrest for illegal searches and/or police error
  • Questioning lab results or chain of-custody
  • Challenging the suppression of illegally obtained evidence
  • Negotiating for lower charges
  • Searching for diversion programs or treatment options

You may have options like:

  • Pretrial diversion for first offenders
  • Drug court programs
  • Deferred adjudication, which could prevent a conviction

An experienced attorney would know what would work best depending on the particulars of your case, your record, and your arrest details.

Conclusion

Drug possession laws in Texas carry very heavy penalties, and felony charges can come quickly. Just one accidental misstep can carry years of consequences. If you unknowingly have a serious drug in your pocket, or you just happen to get unlucky, you could be facing felony time. 

Your best option now is to be educated, know your rights, and talk with a lawyer right away. Not only the amount of drugs, but also the charges can affect your future. With the correct assistance, you might be able to lessen the harm or possibly avoid a felony conviction entirely.

Are you facing a drug felony charge? L&L Law Group can assist you. Our skilled criminal defense lawyers in Texas will defend your rights and strive to safeguard your future. Get the legal advice you require before it’s too late by contacting us today for a private consultation.

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Criminal Defense

Car Search Laws in Texas

Car Search Laws in Texas

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When Can Police Search Your Car Without a Warrant in Texas?

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John D.

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Car Search Laws in Texas

In Texas, police officers do not always need a warrant to search your vehicle. Although your right to privacy is protected by the Fourth Amendment, there are a few exceptions that allow officers to legitimately search vehicles without the permission of a judge. These exceptions apply to cars specifically, as they are inherently mobile, and evidence and therefore justification can disappear very quickly. 

However, just because a car is mobile does not mean that officers may search any car they want, at any time. Police officers still need to have certain articulable reasons, such as probable cause or your consent. Knowing when it is reasonable and lawful for your car to be searched allows you to protect your rights and respond appropriately in a calm manner when the matter arises.

Why Are Cars Treated Differently?

Unlike your home, your vehicle is mobile. Police may take faster action than in your house. They are trying to safeguard evidence that they think will be lost if they do not act quickly. The courts have recognized this reality and have established special rules for vehicles, referred to as the “automobile exception.” Under the automobile exception, police can search a car without a warrant under certain circumstances.

However, that does not mean anywhere, anytime, for any reason, police can search a car. Texas law still requires police to follow established guidelines about what they can search and when. Below are the main instances in which a search without a warrant is permissible in Texas.

Probable Cause (Automobile Exception)

Police can inspect your automobile if they hold probable cause to think there is evidence of a crime, illegal items, or contraband. “Probable cause” means that police must hold a reasonable belief based on fact, not intuition or a hunch.

For Example:

If an officer can smell marijuana emanating from inside your vehicle, the smell is sufficient for a search under Texas law. That one smell gives the officer probable cause for a search.

An officer can also search your vehicle if they see in plain view drug paraphernalia or stolen property. The officer can seize the items and search the car.

Key Points:

  • The vehicle must be capable of being driven away.
  • Officers must have specific reasons, not merely general suspicion, as a pretext.
  • Officers can search the whole vehicle, including glove compartments, trunks, and containers.

Consent Search

You can always refuse police to search your car, but if you give consent, police can search your car, even if they do not have probable cause or it is not the same as a warrant. This is called a consent search.

Things to know:

  • Your consent must be voluntary.
  • You can revoke your consent at any time.
  • Officers are not required to tell you that you can refuse.
  • In case you’re not sure, you can say, “I do not consent to any search.

Search Incident to Arrest

When police arrest you for a valid reason, they might be allowed to search your car. This rule has limitations. According to U.S. Supreme Court case law (Arizona v. Gant), they can only search:

  • Items and areas within your reach at the time of the arrest.
  • If they have a belief that the motor vehicle contains evidence that would relate to the reason for the arrest.

So, for example, you cannot just be arrested for a traffic ticket, and then the police dig into your trunk without some other legal basis.

Plain View Doctrine

If an officer views something illegal in your car, not opening anything, whatever it may be, like a gun, drugs, or open alcohol, the officer can act on it. This is called the plain view doctrine.

Conditions For This Rule:

  • The officer must be in a position to lawfully see the item based on the probable cause.
  • The officer must be able to see it based on probable cause, and the item must be recognizable as illegal or evidentiary in court (e.g., cocaine and/or legal justification or probable cause for the belief that it was associated with other crime).

In other words, if you leave something illegal or suspicious on your dashboard, the police do not need your consent to search further.

Exigent Circumstances

Exigent means “urgent.” In emergencies, police can search your vehicle without a warrant or your consent.

Examples may include:

  • Someone is about to destroy evidence.
  • A public safety concern.
  • Chasing someone who has fled into their vehicle.

These situations are rare, but the courts allow it to protect people or preserve important evidence.

Inventory Search After Impound

If your vehicle has been legally impounded, police can carry out an inventory search. This search is not for evidence but to list what is in your car in case it is stolen or damaged.

An inventory search is only valid if:

  • There was a lawful impound.
  • The search is conducted by standard police procedures.
  • The search is not being done to investigate a crime itself.

For example, if your car was towed following a DUI arrest, the officers can inventory everything inside your car. If some illegal items inside your car were discovered in the inventory, that information can be used against you in court.

Protective Search (Officer Safety)

If officers possess some belief that you are potentially dangerous, they can do a limited search of anywhere you can access, which is often called a Terry frisk for vehicles.

They can search the front seat, under the seats, or in the glove box to simply check for weapons. The officers cannot search the entire car unless another legal rule comes into play.

Curtilage Exception - Where the Car Is Parked Matters

If your car is located on private property, like in your garage or behind a fence on your property, police likely need a search warrant.

In Collins v. Virginia, the Supreme Court held that officers cannot use the automobile exception when the vehicle is parked within the curtilage of the home (or area of protection around your house). So, the location of your vehicle matters. Laws are stricter when your vehicle is not in the public’s view or located on private property.

What If You’re Pulled Over in Texas?

Here’s what you need to know during a traffic stop:

  • Be calm and respectful.
  • You must show your driver’s license, insurance, and registration.
  • You do not have to let them search your car.
  • You can ask, “Am I free to go?”
  • You can clearly say, “I do not consent to a search.

Remember, refusing a search is your right and doesn’t mean you’re guilty. Officers must still have a legal reason to search.

What Happens if Police Violate the Rules?

If police search your car illegally, your lawyer can ask the court to throw out the evidence. This may weaken the case. Know your rights and seek legal help

Conclusion

Understanding when police are permitted to search your car without a warrant will keep you informed and relaxed when you are stopped. 

Always keep your rights in mind and always be respectful. If you believe your rights have been violated, do not hesitate. 

Schedule a free consultation with L&L Law Group and tell us what happened we will walk you through your choices and what to expect.

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Criminal Defense

DUI vs. DWI in Texas

DUI vs. DWI in Texas

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DUI vs. DWI in Texas: Key Differences and Legal Consequences

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John D.

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DUI vs. DWI in Texas

In Texas, the legal system takes impaired driving seriously; in fact, there are two separate terms for alcohol- or drug-related offenses behind the wheel: DUI and DWI. While people often use these terms interchangeably, they refer to different charges under Texas law. 

Knowing the difference between a DUI (Driving Under the Influence) and a DWI (Driving While Intoxicated) is crucial, especially if you or someone you know is facing charges. Each has distinct legal standards, penalties, and long-term consequences.

What Is a DWI in Texas?

In Texas, DWI stands for “Driving While Intoxicated.” It is a criminal offense that applies when an adult operates a motor vehicle in a public place while lacking the normal use of physical or mental faculties due to alcohol, drugs, or a combination of both. This can also include having a blood alcohol concentration (BAC) of 0.08% or more.

Texas law, under Penal Code Section 49.04, makes DWI a Class B misdemeanor for a first offense, but the severity increases depending on the facts. For example, if your BAC is 0.15% or higher, you may face a Class A misdemeanor. If a child is in the car, or if an accident results in injury or death, felony charges can follow.

What Is a DUI in Texas?

DUI in Texas is short for “Driving Under the Influence” of alcohol, but the term only applies to minors—individuals under the age of 21. Under Texas Alcoholic Beverage Code Section 106.041, a minor can be charged with DUI for operating a vehicle with any detectable amount of alcohol in their system, even if their BAC is below 0.08%.

Texas follows a strict zero-tolerance policy for underage drinking and driving. That means even one sip of alcohol can lead to a DUI charge if the driver is under 21. Unlike DWI, DUI is generally treated as a Class C misdemeanor for a first offense and carries lighter penalties, but it still creates a permanent mark on a minor’s record.

Key Differences Between DUI and DWI in Texas

1. Age of the Driver

The most straightforward difference is age. DUI applies only to drivers under 21, while DWI charges apply to adults 21 and older.

2. Alcohol Concentration and Proof

A DWI requires proof of impairment or a BAC of at least 0.08%. In contrast, a DUI requires no proof of impairment—just proof that any alcohol was present in a minor’s system.

3. Severity of Charges

DUIs are typically Class C misdemeanors, which can result in a fine but not jail time for a first offense. DWIs, on the other hand, often involve jail time, higher fines, and longer license suspensions, even on the first offense.

4. Court Process

DUI cases are usually handled in municipal or justice of the peace courts, while DWI cases are heard in county-level criminal courts. DWI charges also involve more complex legal procedures and often require stronger legal defense strategies.

Legal Consequences of a DUI in Texas

Even though a DUI is considered a less serious offense than a DWI, the penalties are far from negligible. For a first offense, a minor may face:

  • A fine of up to $500
  • Mandatory alcohol awareness classes
  • 20 to 40 hours of community service
  • A driver’s license suspension for maximum up to 60 days

Subsequent offenses carry harsher penalties, including steeper fines, longer license suspensions, and the possibility of confinement in a juvenile detention center.

Legal Consequences of a DWI in Texas

DWI penalties are more severe and increase with each additional offense. A first-time DWI offense in Texas can result in:

If the offense includes aggravating factors like a high BAC, child passengers, or bodily injury, the charges can escalate to a felony. Felony DWI convictions can include prison time, loss of civil rights, and long-term financial and personal consequences.

Testing and Arrest Procedures

When stopped for suspected impaired driving, law enforcement may use field sobriety tests, breathalyzers, or even blood draws to assess intoxication. Texas has an implied consent law, meaning that by driving, you automatically agree to these tests. Refusing a test can result in immediate license suspension – even if you’re later found not guilty of DUI or DWI.

Can a Minor Be Charged with a DWI?

Yes. While DUI is the typical charge for minors, a person under 21 can still face a DWI if their BAC is 0.08% or higher or if they are impaired while driving. In such cases, the minor would face the same legal consequences as an adult charged with DWI, including possible jail time.

Common Legal Defenses

Whether charged with DUI or DWI, you have the right to defend yourself in court. Common defense strategies include:

  • Improper traffic stop: If the officer lacked probable cause, the case may be dismissed.
  • Faulty test results: Breathalyzer or blood test results can be challenged due to improper calibration or handling.
  • Violation of rights: If law enforcement failed to follow proper legal procedures, the case may be weakened.

A skilled criminal defense attorney can evaluate your case and develop a strategy to protect your rights and reduce the impact of the charges.

Long-Term Consequences

Both DUI and DWI convictions can have lasting effects beyond the courtroom. These include:

  • Higher insurance premiums
  • Trouble with college applications or financial aid (especially for minors)
  • Difficulty finding employment
  • Potential disqualification from certain professional licenses
For repeat offenders, the consequences only grow more severe, including felony records that cannot easily be expunged.

Final Thoughts

Driving under the influence is never worth the risk—legally, financially, or personally. In Texas, being a minor found with even a trace of alcohol or an adult driving with a high blood alcohol content (BAC) can lead to serious consequences. Knowing the difference between DUI and DWI can help you make informed choices and safeguard your future.

If you or someone you know is dealing with DUI or DWI charges, don’t try to manage it by yourself. The skilled legal team at Landllawgroup.com is ready to assist you through the process.

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Criminal Defense

Texas Domestic Violence Laws

Domestic Violence Laws

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Texas Domestic Violence Laws: What You Need to Know

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John D.

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Domestic Violence Laws

In Texas, domestic violence is a serious criminal offense and has extreme legal consequences. The law explains what domestic violence means, who is protected by it, and what happens to those who break it.

It covers physical injury, threatening acts, and even some forms of emotional torment between persons living under the same roof or sharing a close relationship.

Texas Protective Orders can act as a shield between the abused and the abuser, placing punishments on whoever has been found guilty.

If you are seeking protection or the accused in a matter of abuse, it is very important for you to understand how the laws work. This will empower you to take appropriate action or assist you in avoiding costly legal mistakes concerning your rights and options under Texas law.

What Is Considered Domestic Violence in Texas?

In Texas, domestic violence is also known as family violence. That is when a family or household member abuses or threatens to injure another person in an act that causes fear or injury. Abuse does not necessarily mean hitting someone.

It could be pushing, slapping, choking, or making threats so severe that they cause the other party to feel unsafe.

Abuse does not necessarily mean hitting someone.

Under Texas Law, Domestic Violence Occurs When:

  • A person causes bodily injury to another who is a family or household member.
  • A person threatens to cause bodily injury to another who is a family or household member.
  • A person places another who is a family or household member in fear of imminent bodily injury.

The Law Covers Various Types of Relationships such as:

  • People who are married
  • People who have lived together or formerly lived together
  • People who are or were dating
  • Having a child together
  • Being related by blood or marriage

You don’t need to be injured to be protected. A person threatening you with violence is enough to consider it domestic violence in Texas.

Criminal Offenses Related to Domestic Violence

Texas does not have a separate charge titled “Domestic Violence”. Instead, the case is charged under the current attack or increased attack laws, if the victim is a family member of a domestic member.

1. Domestic Assault – Penal Code Section 22.01

This fee is used when a person deliberately or carelessly causes physical harm or threatens adjacent damage. For the first time, crime is usually a Class A misdemeanor, but the accused has a third-degree felony for the penalty for previous domestic violence.

2. Aggravated Assault – Penal Code Section 22.02

If the attack causes severe physical injury or involves the use of a deadly weapon, it is considered an intense attack. When it is committed against a family or a domestic member, it is charged as a second-degree felony, or in extreme cases as a first-degree felony.

3. Continuous Violence Against the Family – Penal Code Section 25.11

This unique law in Texas lets prosecutors charge individuals with a third-degree felony if they carry out two or more domestic attacks within 12 months-work arrests were made for advanced information.

4. Violation of a Protective Order – Penal Code Section 25.07

If a protective order has been given, a violation of it is a standalone criminal offense. Frequent fractures or violence-related violations can cause felony charges.

Penalties for Domestic Violence in Texas

The penalty depends on many factors: the severity of violence, the accused’s criminal history, the use of a weapon, and what order that was violated.

Crime Level Penalties:

  • Class A Misdemeanor: Up to 1 year in the county prison and up to $ 4,000 in fines
  • Third Degree Felony: 2 to 10 years in state prison and $ 10,000 in fines
  • Second degree Felony: 2 to 20 years in prison
  • First-degree Felony: 5 to 99 years or life in prison

Courts Can Also Impose:

  • Registration for a Batsman Intervention and Prevention Program (BIPP)
  • Community Authority or Trial Time
  • Restoration to the victim
  • Loss of weapons rights according to the Texas Act
Texas Act section 17.292 also prevents some individuals from having a firearm if they are subject to a protective order.

Protective Orders Available in Texas

Texas provides a number of protective orders issued by several types of courts to protect victims. These are civil orders, but violating them is a criminal offense.

1. Temporary Previous Sub -Protection Order

  • Fast and without being intoxicated
  • Stays up to 20 days with potential extensions
  • When there is an immediate risk of injury, it is used

2. Final Protective Order

  • Released after hearing of the full court
  • Severe violence, weapons use, or frequent cases related to crimes can last 2 years or more
  • Orders to stay home, work, or school may include surrendering firearms or participating in consultation

3. Magistrate's Order for Emergency Safety (MoEP)

  • Family violence is often released by a judge after arrest
  • Lives between 31 and 91 days
  • A weapon or serious injury can be issued without the request of the victim

The Texas Act requires that law enforcement implement all the valid protective orders issued by the courts, including persons from other states.

Defending Against Domestic Violence Charges in Texas

It is serious to be accused of domestic violence. The Texas Act allows rapid action, as a guarantee and arrest without temporary preventive orders, even though the claims have been dropped later.

Anyone facing these claims should immediately talk to a professional. The condition of the first legal procedure may separate status, protective order hearing, and the end result of the case.

General Rescue:

  • False claims – often seen in custody battles or divorce
  • Self-defense relatives worked to save themselves
  • Lack of intention or evidence – no reliable danger or physical loss is proven
  • Mutual conflict – both sides were involved in physical change

Texas’s courts let a jury or judge hear evidence from both sides. However, allegations of domestic violence are not easily dismissed, especially when the state believes the prosecuting authority is in public interest.

Long-Term Consequences of a Conviction

Even abuse in Texas carries a long-term influence of punishment for home violence. Unlike some other crimes, many errors in family violence can not be terminated or sealed, especially if a guilty plea or crime is discovered.

Long-term Effects:

  • Permanent criminal journal
  • Loss of weapons rights (Texas Act and Federal Law)
  • Forbidden visits or custody in family law
  • Refusal of residential or price applications
  • Limited job opportunities, especially in health care, education, and law enforcement

Final Thoughts

The law on domestic violence in Texas is strict and wide. Whether you require security or face claims, the results are serious, ranging from time to time, impact on your rights, family, and future. 

Understanding how the law works is your first step towards informed decision-making. If you are involved in the case of home violence, do not face it alone. The team of L&L Law Group is here to protect your rights, guide you through the legal process, and help you take the right steps. Contact us today for experienced legal support located in Texas.

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Criminal Defense

DWI Arrest in Texas

DWI Arrest in Texas

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What Happens After a DWI Arrest in Texas?

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John D.

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DWI Arrest in Texas

For anyone, getting arrested for a DWI in Texas can feel overwhelming, especially when it is your first time dealing with the legal system. Within seconds, you’re in handcuffs and facing serious consequences. But what actually happens after the arrest?

This guide breaks it down step by step and walks you through the entire process. From the moment the officer pulls you over to what happens in court and beyond.

You’ll also learn what to expect, what decisions matter most, and how one event can affect your life going forward. This article will help you understand what really comes next after a Texas DWI arrest.

The Traffic Stop and Arrest

Suppose you are being pulled over for swerving through traffic, speeding, or running a busted light.

If they find anything foul, they might ask you to go through some tests. Basic tests like walking in a straight line or blowing into a breathalyzer. If you don’t pass, you’ll probably get arrested right away at that moment.

The officer puts you in handcuffs, reads your rights, and takes you to jail. That’s when things get real.

Booking and Jail Time

After an arrest, the accused is taken to the local jail. In the jail, a book or place where one is held, the defendant will go through the process of booking or having his picture taken, his fingerprints taken, his personal information recorded, and so on.

While that is never any fun, it is routine. There could be some hours spent in the holding cell or perhaps overnight.

It might be that they could post bail and walk away quite fast. Car towing is yet another issue to be tackled later. It is an anxious night ahead, but a whole new story is yet to come.

License Suspension and the ALR Hearing

After the arrest, your license can get suspended even before your day in court. The ALR, or administrative license revocation, is a legal procedure through which your license gets suspended in these circumstances.

Therefore, you have a period of 15 days to request a hearing to challenge the suspension.

If that period expires, one’s driving license faces automatic suspension. This hearing is not to decide guilt. It determines if your license stays or goes, so do not ignore it.

It is important to take care of these things first.

First Court Appearance

Besides being called the first court date, the arraignment is also when the charges are read to you.

As a matter of fact, you enter a plea of guilty, not guilty, or no contest to those charges. Incase, you don’t have a lawyer, during this time you can get one.

The judge may set bail or conditions for bail in your case, including prohibitions against alcohol or drug use. This hearing is brief but very important as it starts your case.

What Takes Place During the Arraignment?

The judge explains your rights and reads the charges. Further,it will ask you to enter a plea.

Is it safe enough to enter a Guilty or Not Guilty Plea?

First, consult a lawyer if you’re unsure. However, most of the people enter not guilty pleas to purchase time to prepare a case.

Evidence Review and Pre-Trial Procedure

Both parties collect evidence before the trial. This includes witness testimony, police records, films, and the findings of blood or breath tests.

If your rights were infringed upon during the arrest, your attorney may attempt to have specific items excluded.

They may also attempt to negotiate a plea agreement. It all comes down to determining the best course of action for your circumstances.

The DWI Trial (If It Goes That Far)

If your case isn’t dropped or settled, it heads to trial. That’s where things get more serious.

A judge or jury will hear both sides, you and the state. Your lawyer will try to prove there’s not enough evidence, and the other side will argue that you were driving drunk.

You don’t have to speak, but witnesses and test results may be used. At the end of the day, the judge or jury decides if you’re guilty or not.

Sentencing and Penalties

If found guilty, you will receive a penalty from the court. Fines, probation, community service, required classes, or even jail time could result.

Additionally, the judge may mandate that you equip your vehicle with an ignition interlock system.

Your blood alcohol content, whether this is your first offense, and whether anyone was harmed affect the penalties.

Typical Texas DWI Penalties

  • $2,000 in fines for a first offense
  • 3 to 180 days in jail
  • Suspension of license for 1 year
  • Required DWI education courses

Is it an Ignition Interlock Device Necessary?

Yes, absolutely, an Ignition interlock device is necessary in cases of high blood alcohol content or repeat offenders. To start your car, you will need to blow into the gadget.

Life After a DWI Conviction

Having a DWI on your record follows you for the rest of your life, not just in court. It may increase your auto insurance, negatively impact your employment prospects, or prevent you from renting a particular property.

Certain licenses or colleges may be more difficult to obtain. Even international travel may provide challenges.

The best action is to take what you can from it, abide by all court rules, and try to turn your life around.

Can You Get It Off Your Record?

In some cases, yes, you may be able to remove your record! If your case was dismissed or if you completed something called deferred adjudication, then you might be eligible for sealing or expungement.

This means it will not be visible to anybody else in a background check. Please note that it is not automatic you will have to apply! You can also use a lawyer to help determine if you qualify.

Final Thoughts

A DWI arrest is a severe scenario that can affect your freedom, finances, and perhaps most importantly, your future. You may make better decisions, reduce risks, and avoid future concerns.

If you know what occurs in a DWI case from the first stop to court appearances, license issues, and beyond. Additionally, there are ways to go on, follow the law, and start again even after being found guilty.

The most crucial things are to take prompt action, keep yourself informed, and get appropriate legal assistance.

You don’t have to face the overwhelming experience of being charged with DWI alone. Our Texas DWI lawyers at L&L Law Group possess the requisite expertise.

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Common Probation Violations In Texas And How To Avoid Them

Common Probation Violations

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Top 7 Common Probation Violations In Texas And How To Avoid Them

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John D.

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Probation in Texas offers a second chance, but it’s not without strict rules. Instead of serving time behind bars, individuals may be allowed to remain in their community under court – ordered supervision. While it comes with more freedom than incarceration, that freedom depends on full compliance.

From check-ins with your probation officer to drug testing and travel restrictions, every condition matters. Even one mistake, intentional or not, can trigger a violation, leading to serious consequences like extended supervision or jail time.

In this blog, we’ll explore the top probation violations in Texas and give you practical advice on how to avoid them.

What Is A Probation Violation In Texas?

You can be considered in violation of probation if you don’t follow the specific terms the court has ordered. These conditions might include staying drug-free, showing up for appointments, completing programs, paying restitution, or avoiding new arrests.

In Texas, some violations result in warnings, but others can lead to a motion to revoke probation, court hearings, stricter terms, or jail time. Understanding what triggers these outcomes – and how to prevent them – is essential to completing your probation successfully.

7 Common Probation Violations In Texas

Here’s a breakdown of the most frequent probation violations in Texas,along with tips to help you stay compliant.

1. Failing To Report To Your Probation Officer

Missing scheduled check-ins with your probation officer is one of the most common and preventable violations. These appointments are legally required. Skipping even one without notice can result in a warrant or harsher supervision.

How To Avoid It:

Treat these appointments like court dates. Set phone reminders or calendar alerts. If something urgent comes up, contact your officer immediately and explain the situation.

2. Failing A Drug Or Alcohol Test

Texas courts take drug and alcohol violations seriously. Failing a test, even once, can be enough to violate your probation, especially if the original offense involved substance use.

How To Avoid It:

Stay away from places or situations where you might be around alcohol or drug use. If you’re dealing with addiction, don’t stay silent. Many programs can help, and seeking support early shows the court you’re making an effort.

3. Missing Court-Ordered Programs Or Classes

Missing any required class – whether it’s anger management, counseling, or service hours – can be seen by the court as breaking your probation terms.

How To Avoid It:

Track your schedule carefully. If you get sick or face a legitimate emergency, contact your probation officer or the program in advance to reschedule.

4. Getting Arrested For A New Offense

Even a small arrest while on probation can be treated as a violation, regardless of the outcome. The court may consider the arrest a sign that you’re not following the law, even if charges are later dropped.

How To Avoid It:

Stay out of risky situations and away from people involved in criminal behavior. Think twice before putting yourself in situations that might escalate or draw police attention.

5. Traveling Without Permission

Most people on probation in Texas are limited to a specific jurisdiction. Leaving your county or state without permission – even for a day – can trigger a violation.

How To Avoid It:

Always request written travel approval before making plans. Talk to your officer well in advance, especially if it’s for work or a family emergency.

6. Not Paying Fines Or Restitution

Financial obligations like court fees, victim restitution, and supervision costs are part of many probation agreements. Failing to pay – regardless of intent – can still be considered a violation.

How To Avoid It:

Let your probation officer know as soon as possible if you’re having trouble keeping up with required payments. Your probation officer can help set up a payment plan or grant an extension. Don’t ignore the issue – it won’t go away on its own.

7. Failing To Maintain Employment Or School Enrollment

Many probation terms require individuals to stay employed or attend school. It shows you’re working toward a stable, productive life. Losing a job or dropping out without reporting it can be flagged as noncompliance.

How To Avoid It:

Keep records like pay stubs or school schedules. If your situation changes, notify your officer right away. Communication shows you’re taking responsibility.

Common Probation Violations


Tips For Avoiding Probation Violations

To help you stay compliant and avoid setbacks, follow these simple but effective strategies:

  • Use a personal compliance calendar:
    Keep all deadlines and appointments in one place – digital or on paper. Mark everything clearly and check it daily.

  • Stay in contact with your probation officer:
    If something comes up, don’t wait. Call or email your officer as soon as possible. Early communication builds trust.
  • Get legal advice if needed:
    Don’t make assumptions about what’s allowed. If you’re unsure about any terms, consult an attorney or ask your officer directly

Conclusion

Probation in Texas gives you a chance to avoid jail and move forward with your life – but it’s not without responsibility. Each condition matters, and even minor violations can cause major problems.

Most violations happen because people don’t understand the rules or fail to communicate when something goes wrong. But with a little planning, open dialogue, and a proactive attitude, you can successfully complete your probation and stay on the right path.

Schedule a free consultation at L and L Law Group and tell us about your situation – we’ll help you understand your options and what to expect.