Drug Possession and Your Driver’s License

Most people don’t realize that a drug conviction of any type will lead to a Driver’s License suspension.

A conviction for any of the following offenses will result in an automatic Driver’s License suspension: Possession of Marijuana, Possession of Drug Paraphernalia, Possession of a Controlled Substance or Possession of a Dangerous Drug case.

Even if you were NOT operating a motor vehicle when arrested and were merely a passenger, or even walking down the street when stopped, the Driver’s License suspension will apply if you are convicted of any of the above charges. Including a Class “C” ticket for possession of drug paraphernalia.

If your case is not dismissed or you do not obtain deferred adjudication, you could lose your license for 180 days if you are over 21 and if you are under 21, you could lose your license for up to one year.

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.
  • 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;
  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.