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  • Writer's pictureBrian Foley

Montgomery County Criminal Defense Attorney - Driver's License Suspensions in Marijuana Cases

Did you know that Marijuana is still illegal in Texas? And worse than just illegal you can end up in jail for up to 180 days and be forced to pay a $2000 fine if you are arrested for Class B simple possession of 0-2 ounces of marijuana.

Most counties have adapted to the change in the law which states that the plant Cannabis Sativa L is not illegal when it has a Delta-9 THC content of less than .3% But you can still be arrested for possession of greater than .3% Delta-9 THC.

The prosecutors may offer you a deferred probation which is capable of being non-disclosed after a waiting period. But probation brings its own complications including random drug testing and in Montgomery County you have to call a phone number every day to determine if you will have to take a drug test that day. Many people prefer to just pay a fine and be done with the case. But Texas law has another trick up its sleeve to punish marijuana users.

Your driver's license will be suspended for 180 days anytime you are convicted of a drug offense under chapter 481 of the Texas Health and Safety Code. Possession of marihuana qualifies. This is found in Texas Transportation Code § 521.372.

(a) A person's driver's license is automatically suspended on final conviction of:(1) an offense under the Controlled Substances Act;(2) a drug offense; or(3) a felony under Chapter 481, Health and Safety Code, that is not a drug offense.(b) The department may not issue a driver's license to a person convicted of an offense specified in Subsection (a) who, on the date of the conviction, did not hold a driver's license.(c) Except as provided by Section 521.374(b), the period of suspension under this section is the 180 days after the date of a final conviction, and the period of license denial is the 180 days after the date the person applies to the department for reinstatement or issuance of a driver's license.

Tex. Transp. Code § 521.372

If you or a loved one has been arrested in Montgomery County, don't wait to go to court. Hire a lawyer who can help you get your life back on track and avoid convictions and costly driver's license suspensions.


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