Travis County Drug Charges Defense
A drug charge in Travis County — even for possession — can mean felony charges, years of probation, and a permanent record that follows you everywhere. Texas Defense Team defends all drug charges in Austin and Travis County: possession, delivery, manufacture, and drug-free zone enhancements. Our former prosecutor knows exactly how the Travis County DA's office evaluates drug cases and where they are vulnerable.
What Are the Penalties for Drug Possession in Travis County?
Drug possession penalties in Travis County depend on the controlled substance (the Penalty Group under the Texas Controlled Substances Act) and the amount in your possession. Texas law sets these penalties under Tex. Health & Safety Code Chapter 481:
Marijuana:
• Under 2 oz — Class B misdemeanor (up to 180 days, $2,000)
• 2–4 oz — Class A misdemeanor (up to 1 year, $4,000)
• 4 oz – 5 lbs — State Jail Felony
Penalty Group 1 (cocaine, methamphetamine, heroin):
• Less than 1g — State Jail Felony (180 days–2 years, $10,000)
• 1–4g — Third Degree Felony (2–10 years)
• 4–200g — Second Degree Felony (2–20 years)
• 200–400g — First Degree Felony (5–99 years)
Drug-free zone enhancements under §481.134 (within 1,000 feet of a school, daycare, or playground) can increase the minimum punishment range and may eliminate parole eligibility.
- Tex. Health & Safety Code §481.115 — PG 1 possession penalties
- Tex. Health & Safety Code §481.134 — Drug-free zone enhancements
- Tex. Health & Safety Code §481.121 — Marijuana possession penalties
Can a Travis County Drug Charge Be Dismissed?
Yes — and it happens regularly when the defense attorney identifies constitutional violations or evidentiary problems in the state's case. The most common grounds for dismissal or charge reduction in Travis County drug cases:
Unlawful search and seizure: Under the Fourth Amendment and Tex. Code Crim. Proc. Art. 38.23, evidence obtained without a valid search warrant or recognized legal exception (plain view, consent, incident to arrest, automobile exception) cannot be used against you. If the stop or search was unlawful, the drug evidence is suppressed — and without the drug evidence, the charge cannot stand.
Constructive possession problems: If drugs were found in a shared space — a car with multiple occupants, an apartment with roommates — the prosecution must prove you exercised care, custody, and control over the drugs. Mere proximity is not sufficient.
Lab analysis issues: In Texas, a drug charge requires laboratory confirmation of the substance. Travis County has faced backlash over lab delays. If the lab results are unreliable or the chain of custody is broken, the charge may be vulnerable.
Deferred adjudication / diversion: Travis County has drug diversion programs. For eligible defendants — especially first-time, non-violent drug offenses — completion of a diversion program can result in dismissal and eligibility for expunction.
- Tex. Code Crim. Proc. Art. 38.23 — Texas exclusionary rule — illegally obtained evidence suppressed
What Is the Difference Between Possession, Delivery, and Manufacture?
Texas drug law distinguishes between three types of offenses, each with different penalties:
Possession (§481.115): Exercising control, custody, or management over a controlled substance. This includes actual possession (on your person) and constructive possession (accessible to you, with knowledge). The charge level depends entirely on the weight and penalty group.
Delivery (§481.112): Transferring a controlled substance to another person — including sale, gift, or offering to sell. Delivery charges carry significantly higher penalties than possession charges for the same amount. Even a small marijuana delivery can be a felony.
Manufacture (§481.112): Producing, preparing, or processing a controlled substance. Includes growing marijuana and manufacturing methamphetamine. Manufacturing charges typically carry the highest penalties.
The prosecution must prove the specific intent element for delivery and manufacture charges — which creates more potential defense arguments than a straight possession case.
- Tex. Health & Safety Code §481.112 — Delivery / manufacture — penalty structure
How Does Travis County Handle Drug Cases?
Travis County has a reputation for being more progressive on drug enforcement than some surrounding counties — but that does not mean drug charges are taken lightly. The Travis County DA's office has expanded drug diversion and deferred prosecution programs for low-level, non-violent possession cases. However:
• Delivery and manufacture charges are prosecuted aggressively regardless of the substance
• Drug-free zone enhancements are regularly applied when the facts support them
• Felony drug charges mean criminal district court with the potential for years of probation or prison
Hayden Boudreaux prosecuted cases in Travis County before joining Texas Defense Team. He knows the prosecution's evaluation process — which cases they prioritize, which arguments resonate, and where a defense attorney can find leverage.
Frequently Asked Questions
Will I go to jail for a drug possession charge in Travis County?+
It depends on the charge level and your record. For first-time, low-level possession offenses, Travis County has diversion programs that can result in dismissal without jail time. For felony possession charges or repeat offenses, jail or prison is a real possibility without effective legal representation. Call us before you make any statements to law enforcement.
Can I get a drug charge expunged in Texas after Travis County charges?+
If your case is dismissed — including through a deferred adjudication program — you may be eligible for expunction under Tex. Code Crim. Proc. Chapter 55, which removes the record entirely. If you received deferred adjudication without dismissal, a petition for nondisclosure may be available, which seals the record from most public searches. A conviction (including probation with a guilty plea) is generally not expungible.
What is deferred adjudication for drug charges in Travis County?+
Deferred adjudication is a form of probation where you plead guilty, but the judge defers entering the conviction. If you complete the probation period, the charge is dismissed. You are then potentially eligible for a nondisclosure order. However, deferred adjudication still appears on your record during the probation period, and violating probation results in the conviction being entered.
What should I do if police find drugs in my car in Austin?+
Do not consent to any search, do not make statements explaining the drugs, and do not admit ownership. Politely but clearly state that you do not consent to searches and that you want to speak with an attorney. Call Texas Defense Team immediately. Anything you say can be used against you — silence is your right and your best immediate protection.
Can a drug charge affect my professional license in Texas?+
Yes. Many Texas professional licenses — nursing, teaching, law, medicine, social work — have character and fitness requirements. A felony drug conviction can result in license denial or revocation. Even a misdemeanor conviction or deferred adjudication can trigger licensing board review. This is one of the most important reasons to fight drug charges vigorously from the start.