Possession of Dangerous Drug

Possession of Dangerous Drug is slightly different than Possession of Controlled Substance depending on the type of drug.
If the drug in possession is not a scheduled drug nor marijuana, then it will likely fall into the Dangerous Drug category.

A dangerous drug is a drug that is unsafe for self-medication and that is not included in the list of Scheduled drugs (I-V) under the Possession of Controlled Substance Section. A Dangerous Drug includes a drug that is required to bear a Federal Label that says, "Caution: federal law prohibits dispensing without prescription" or "Rx only" or "Caution:  federal law restricts this drug to use by or on the order of licensed veterinarian."

A person may be arrested for Possession of Dangerous Drug if the person obtained the drug from someone other than a pharmacist or if the person obtained the drug for the purpose of selling the drug. A person may also be arrested for Possession of Dangerous Drug if the drug is not in the original prescription bottle at the time of the detention/arrest.

This offense is generally a Class A Misdemeanor.

Will My Drivers License be Suspension?

Many people do not realize that a drug conviction of any type will lead to a Driver's License suspension. Even if you were NOT operating a motor vehicle at the time of the alleged offense, the Driver's License suspension will apply if you are convicted. If your case is not dismissed or you do not obtain deferred adjudication probation, you will lose your license for 180 days if you are over 21. If you are under 21, you may lose your license for one year. A conviction for any of the following offenses will  result in an automatic Drive's License suspension: Possession of Marijuana, Possession of Drug Paraphernalia, Possession of a Controlled Substance or Possession of a Dangerous Drug case. 

Drug or Controlled Substance Offenses and the Texas DPS penalties: 

Individuals who are convicted of a drug or controlled substance offense will face the following penalties:

  • Will have their driver license suspended for 180 days, and
  • Are required to complete a 15-hour class in an authorized Drug Education Program for each conviction. (Online courses will not be accepted for this requirement)
Individuals who do not have a driver license at the time of the offense will be denied the issuance of a driver license for 180 days. The 180 days for the denial of issuance, also known as an Order of Prohibition, starts when the individual contacts the Texas Department of Public Safety (DPS) and completes the appropriate form.This form is NOT available online, you must go to a local DPS Office and pick one up in person.

Prior to the renewal or issuance of a driver license, the defendant must:

  1. Pay the required reinstatement fee and
  2. Obtain a Financial Responsibility Insurance Certificate (SR-22) from an authorized insurance company then submit to DPS (an SR-22 must be maintained for two years from the date of conviction), and
  3. Submit to DPS the certificate of completion for the required Drug Education Program. To find the program that is right for you, click here for a list of agencies. Then you must contact that agency directly and register for the class.
To check your driver eligibility with Texas DPS, click here.

Gilbert G. Garcia, has practiced Criminal Law since 1978 and has been Board Certified in Criminal Law since 1989. The Gilbert G. Garcia Law Firm is the logical choice to represent you in your criminal case, providing the quality legal services you deserve in your most important matters.

Free initial consultations and reasonable fees.  Personal payments plans available and most major credit cards accepted.  Many issues are able to be handled via e-mail, phone calls and fax and after hours and weekend appointments are available upon request to meet the needs of each client.

Conveniently located on the Montgomery County Courthouse square since 1983.

For more information on Possession of Dangerous Drug, Contact Gilbert Garcia today at 936-756-3333.

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