In Texas, for the most part, state drug charges signify severe penalties, more so than many other states. In some cases, the penalties can be steeper than those for federal drug charges. Since drug charges are common in criminal defense—and you never know when you or someone you care about might need to hire a criminal defense attorney to assist with such charges, it is worth knowing the differences between the state drug charges in Texas and federal drug charges. Essentially, there are three main differences between state drug charges and federal drug charges:

1. Drug Classifications
2. Methods of Prosecution
3. Penalties/Punishments for Convictions

Drug Classifications and Their Associated Penalties

Texas law categorizes drugs differently than the federal government does. Inherent in both their classifications and definitions of drug types are the associated penalties and punishments. With regards to classifications, the federal government organizes drugs according to “schedule” types:

• Schedule I, including marijuana, heroin, ecstasy, and LSD
• Schedule II, including cocaine, Ritalin, opium, morphine, PCP, methamphetamine, and oxycontin
• Schedule III, including ketamine, codeine, and Vicodin
• Schedule IV, including Xanax and valium
• Schedule V, including some OTC drugs and other similar prescribed drugs containing prohibited contents such as codeine

For Texas, on the other hand, drugs are organized into six “drug penalty groups.” These groups are:

When you are on probation for a crime, especially with time already served, you will want to do anything to avoid any additional penalties or jail time. Despite this fact, no matter your most valiant efforts, you might end up finding yourself on the other end of a motion to revoke probation (MTR) issued by your probation officer. This is part of the reason why you must always be on such good behavior if on probation. Yet, if you deviate even to the slightest degree and do something illegal, you could be faced with an MTR. 

A Brief Overview of Motions to Revoke Probations in Texas

A motion to revoke probation will generally be filed when you commit any crime under the supervision of a probation officer. In general, the probation supervisor makes the decision to file this motion based on behavior the officers observe themselves or note from others, be it police or other witnesses to the crime(s). It is easy to forget that even though you are on probation and in the real world, you are still not entirely a free individual as your behavior seems like it is held to a higher standard than most average civilians, especially since your behaviors and actions are being documented by a probation supervisor often. 

Possible Complications in the Texas Motion to Revoke Probation Process

As is the case with most legal situations, there is often something or a few things that make your case particularly complex or complicated, requiring the assistance of an especially knowledgeable, talented, and experienced lawyer. Possible complexities for your lawyer to deal with during your motion to revoke probation case are:

While DWI (driving while intoxicated) itself is a very serious offense, the most serious offense related to such a crime is intoxication manslaughter. This is no coincidence—the whole purpose of law enforcement serving and protecting other civilian drivers from those drivers who are intoxicated is to maintain their safety from serious injury or death. When an intoxicated driver kills someone by accident or mistake, the offense is referred to as intoxication manslaughter, and its penalties are very serious indeed.

What Constitutes Intoxication Manslaughter in Texas?

In the state of Texas, the law defines “intoxication manslaughter” as follows:

“An individual is committing the offense of intoxication manslaughter if that person operates a motor vehicle in a public space, an aircraft, a watercraft, an amusement ride, or assembles an amusement ride while being intoxicated with a blood alcohol content (BAC) greater than or equal to .08% in which the aforementioned intoxication causes the death of another by mistake or accident.”

It is late. You are drunk and far away from home. You know driving at this stage of drunkenness would be illegal, but you also cannot afford the money necessary to get all the way back home from where you are. What are your options? Call a friend or family member? “Sleep it off” on a public bench and risk being arrested? Risk driving home anyway and then eventually getting charged with DWI (driving while intoxicated) or worse depending on what happens while you are driving drunk? There is another option all across Texas, including the “Sobering Unit” at Roberto L. Jimenez M.D. Restoration Center (“Drunk Tank” for “down-and-outs”) in San Antonio. These sobering centers offer a compelling alternative for both law enforcement and drunk civilians, including those contemplating driving home drunk. Here is why.

“Sobering Center” Defined

Sobering centers are seen as intermediaries between actual arrests with legal consequences for drunkenness that disrupts the peace and expensive hospital visits for excessive drinking. In short, these sobering centers are short-term recovery facilities where drunk or otherwise inebriated civilians can “sleep it off” and get a chance to regain their sobriety less the headaches of the morning after with the option to continue with recovery programs and other treatment options.

What Makes Sobering Centers a Productive Alternative to DWI?

While originally intended as a means to get drunk people off the streets and into recovery programs, should they choose, the sobering centers have proven themselves useful in many ways to many people for a multitude of different reasons: 

As the winter holidays approach, including potential New Year’s Eve festivities, even during the age of the COVID-19 pandemic, there is an increased likelihood of cases involving DWI (driving while intoxicated), DUI (driving under the influence), and even BWI (boating while intoxicated). As such, there is an equal increase in vigilance from law enforcement with regards to policing drunk driving. With that in mind, here is more information about one of the first things that will happen if you do get pulled over for a DWI this holiday: the breath test.  

How Breath Can Be Tested for Alcohol

Alcohol moves through the alveoli of the lungs when it is consumed and evaporates into your breath. This “alveolar air,” when exhaled, provides substantial evidence to breathalyzer and other related breath tests of blood alcohol concentration (BAC). This allows officers to instantly know whether someone is drunk enough to be arrested instead of having to wait for the results of a blood or urine test. 

The Types of Breathalyzers and How They Work

There are three common types of devices that analyze your breath for blood alcohol content: