Will I Lose My License if I’m Charged With a Drug Crime?

If you are ultimately found guilty of a drug crime in Texas, you could temporarily lose your driving privileges. While most people assume that drunk driving offenses are the only way for the state to take a person’s license, that is not the case. A judge could also suspend your license as part of a conviction’s penalties. 

The suspension of your license is tied to a conviction, not an arrest. Allegations alone are not enough to bring these consequences down upon you. A Houston drug charges lawyer could help you develop a defense strategy that secures an acquittal and helps you retain your driving privileges.  

Drug Convictions Can Lead to License Suspensions

According to Texas law, certain criminal convictions will result in the automatic suspension of driving privileges. These suspensions are governed by Section 521.372 of the Texas Transportation Code, which applies to the following convictions:

• A felony drug offense
• A misdemeanor drug offense, if you had another drug offense within the prior 36 months
• Offenses under the federal Controlled Substances Act, or any other felony under the Texas Controlled Substances Act

If you have a Texas driver’s license and are convicted of any of these criminal offenses, your license will be suspended for 90 days following the date of your final conviction. A judge can also order a suspension on a first misdemeanor drug conviction if the judge finds in writing that it’s needed for public safety. 

These penalties work differently if you do not currently have a license. In situations where you do not yet have a license, the state cannot issue you one for 90 days from the date of your drug conviction. 

Being Convicted of a Drug Crime Carries Other Penalties 

Aside from losing your license, you could face other penalties after being convicted of a drug crime. Based on your charges, criminal history, and the amount of drugs allegedly in your possession, you could face: 

• Jail time. Even spending a few nights in jail could prove detrimental to your mental health. If convicted, you could spend years in prison, away from your family and unable to advance your career goals. 
• Fines. Nobody has spare money lying around. If convicted, you could face fines up to $10,000 on most drug felonies, and far more for the largest amounts. 
• Mandated community service. In addition to your job, the state may require you to complete community service, limiting your time and freedom. 

Texas takes a harsh stance on drug crimes. If you’re convicted, the charge could also remain on your criminal record forever. This could make it difficult to access affordable housing, retain custody of your children, and find new jobs. 

Avoiding a Conviction Protects Your License

You’re innocent until proven guilty. Right now, you can still overcome your drug crime charges and retain your driving privileges. 

There are many defense strategies that might help you beat these charges. The viability of these options will vary depending on the facts of your case, as well as the specific charge you are facing. For instance, a defense that could secure a “not guilty” verdict for drug possession might not work for a drug trafficking case. 

When you hire a criminal defense lawyer in Houston who puts your future first, they may argue:  

The State Doesn’t Have Sufficient Evidence to Convict You 

Before a prosecutor can convict you of a drug offense, they must first show beyond a reasonable doubt that you are guilty. This high burden can be difficult to meet. In some cases, your lawyer may avoid complex defense strategies and simply point to the state’s inability to prove you committed a crime. 

The Police Violated Your Legal Rights 

The United States Constitution gives you plenty of rights, including protection against unlawful searches and seizures. If the police searched your property illegally during their drug investigation, we could file a motion asking the court to exclude that evidence at trial.

Under the law, unlawfully obtained evidence can be excluded at trial through a doctrine known as the “fruit of the poisonous tree.” When important evidence is thrown out, it can push the state to dismiss the case entirely. 

The Amount of Drugs in Your Possession Doesn’t Warrant a Certain Charge 

In some cases, there is little doubt that you were in possession of a controlled substance. However, your lawyer could build a viable defense strategy based on a dispute over the amount of drugs you had in your possession. This is because the volume of drugs could impact your potential penalties or even the specific charge you face. 

What Should I Do if I’m Charged With a Drug Crime? 

If you’re charged with a drug crime, you should consider partnering with a drug crimes lawyer. The last thing you want is to show up in court unrepresented. In minutes, the prosecution could convince the court of your guilt, and you might not have the legal skillset to argue otherwise. 

Blass Law takes on drug crime cases. We’ve secured “not guilty” verdicts for cases that other attorneys were too intimidated to take on. In addition to considering our legal services, we encourage you to: 

• Refrain from illicit activity. You don’t want to give the state more “ammo” to paint your character in a bad light. 
• Enroll in a drug treatment program. Showing the court you’re serious about turning your life around could make a difference at sentencing (if a “not guilty” verdict isn’t possible).

Talk to Our Criminal Defense Attorney About Protecting Your Rights  

An arrest and a criminal conviction are hard things to go through. A conviction can follow you for years, especially a felony conviction. But you have every right to fight back.

Blass Law is prepared to guide you through every step of the criminal justice system. If you are ready to discuss your options, contact us for a private consultation right away.