AUSTIN DRUG CHARGE DEFENSE — TRAVIS COUNTY COURTS
Texas drug charges are governed by the Texas Controlled Substances Act (Health & Safety Code Chapter 481). Penalties depend on the type of substance (Penalty Group 1–4) and the quantity. Marijuana has a separate penalty structure. Drug cases can often be challenged on constitutional grounds — unlawful stops, illegal searches, and chain of custody issues — that suppress the evidence entirely.
Diversion and deferred adjudication may be available. Travis County has drug diversion programs that allow first-time offenders to avoid conviction by completing treatment and probation. Texas also allows deferred adjudication for many drug offenses, resulting in no final conviction on your record upon successful completion. An attorney evaluates every available alternative to conviction.
Texas Drug Charge Penalties by Category
Marijuana (under 2 oz)Class B misdemeanor — up to 180 days jail, fines up to $2,000
Marijuana (2–4 oz)Class A misdemeanor — up to 1 year jail, fines up to $4,000
PG1 Possession (< 1g, e.g. cocaine, meth, heroin)State jail felony — 180 days–2 years state jail, fines up to $10,000
PG1 Possession (1–4g)Third degree felony — 2–10 years prison
PG1 Possession (4–200g)Second degree felony — 2–20 years prison
Drug Trafficking / ManufacturingFirst degree felony up to life in prison, depending on substance and quantity
Drug Charge Defense Strategies in Austin TX
1
Challenge the Traffic Stop or Search
If police lacked reasonable suspicion for the stop or probable cause for the search, evidence obtained may be suppressed — making the case dismissible.
2
Attack Chain of Custody
Drug evidence must be properly collected, stored, and tested. Any break in the chain of custody creates grounds to challenge the evidence.
3
Pursue Diversion Programs
Travis County offers DTCR (Drug Treatment Court) and first-offender diversion programs that result in dismissal upon completion — especially for possession charges.
4
Negotiate Deferred Adjudication
For eligible offenses, deferred adjudication means no final conviction enters your record upon successful probation completion.
5
Challenge Constructive Possession
When drugs are found in a shared space, "constructive possession" must be proven — knowledge and control of the drugs. This is often challenged successfully.
What to Do After a Drug Arrest in Austin
Exercise your right to remain silent — do not discuss the case with officers
Do not consent to any additional searches — politely decline
Request an attorney before answering any questions
Do not discuss the case on phone calls from jail — they are recorded
Contact an Austin drug defense attorney before your arraignment
Do not post about your situation on social media under any circumstances
Frequently Asked Questions
Can a drug charge be dismissed in Texas?▾
Yes. Charges are dismissed when evidence was obtained through an illegal search, chain of custody is broken, or the State cannot prove possession beyond a reasonable doubt. Diversion programs also lead to dismissal upon completion.
Is marijuana still illegal in Texas?▾
Yes. Texas has not legalized recreational marijuana. Possession of any amount is a criminal offense — from Class B misdemeanor for small amounts to felony for larger quantities. CBD with THC content over 0.3% is also illegal.
What is deferred adjudication for drug charges in Texas?▾
Deferred adjudication is a plea of guilty or no contest that results in probation rather than a conviction — if you complete probation successfully, no final conviction is entered. Many drug charges are eligible for deferred adjudication in Travis County.
What are the drug diversion programs in Travis County?▾
Travis County's Drug Treatment Court (DTCR) offers an intensive treatment and supervision alternative to prosecution for eligible defendants. Successful completion results in dismissal. An attorney determines eligibility and guides you through the application.
Will a drug conviction affect my professional license in Texas?▾
Yes. Drug convictions must be disclosed in applications for nursing, teaching, law, medical, and many other professional licenses. Deferred adjudication or dismissal significantly reduces this risk.
Can I get a drug conviction expunged in Texas?▾
Convictions generally cannot be expunged, but arrests that resulted in dismissal or acquittal can be. Deferred adjudication may be eligible for non-disclosure (sealing) after a waiting period. An attorney evaluates your specific record.