Combined Possession and DWI Charges

A driving while intoxicated (DWI) arrest is bad enough on its own, but matters can become much worse when a person is also accused of being in possession of a controlled substance. Anybody facing both DWI charges and possession of controlled substance charges stemming from the same arrest will want to speak to a combined possession and DWI charges attorney for help determining the best way to defend against these charges. 

The primary problem with being arrested for DWI while being in possession of an illegal drug is that law enforcement agencies are highly likely to argue the alleged offender was also under the influence of the same drug at the time of their arrest. You will need to aggressively defend yourself against these accusations to avoid very costly criminal penalties.

Combined Possession and DWI Charges Defense Lawyer in Plano, Allen, Frisco, and McKinney, TX

If you were arrested for DWI and possession of a controlled substance, an experienced criminal defense attorney will make all the difference in making sure you can avoid some of the most devastating penalties a court could invoke.

Call (469) 304-3422  or contact the Law Offices of Richard C. McConathy today at for a consultation about your alleged offense in Plano, Allen, Frisco, McKinney, TX, and surrounding areas of Collin County, Texas. We can then better understand the nature of your charges and also examine your possible defense options.

DWI Charges in Collin County

Under Texas Penal Code § 49.04, an alleged offender commits a DWI offense when they are intoxicated while they operate a motor vehicle in a public place. Under Texas Penal Code § 49.01(2), intoxicated is defined as not only having an alcohol concentration of 0.08 or more, but also “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.” 

In a majority of DWI cases, intoxication is proven through breathalyzer test results demonstrating an alleged offender has a breath or blood alcohol concentration (BAC) of 0.08 or more. Some alleged offenders refuse to provide samples, and police officers may still arrest alleged offenders based on their own independent opinions of an alleged offender’s behavior upon arrest.

When authorities discover an alleged offender was also in possession of a controlled substance, they may attempt to argue that the alleged offender was also under the influence of that controlled substance while driving. Texas Transportation Code § 724.011 is the state law providing that when an alleged offender is arrested for a crime arising out of acts allegedly committed while they were operating a motor vehicle in a public place while intoxicated, they will be deemed to have consented to submit to the taking of one or more specimens of their breath or blood for analysis to determine their alcohol concentration or the presence in their body of a controlled substance, drug, dangerous drug, or other substance, and any person arrested for an offense described above can consent to submit to the taking of another type of specimen to determine their alcohol concentration.

Under Texas Transportation Code § 724.012, one or more specimens of an alleged offender’s breath or blood can be taken if they are arrested, and a peace officer has reasonable grounds to believe an alleged offender was operating a motor vehicle while intoxicated in a public place. A peace officer must require taking a specimen of an alleged offender’s blood if:

• the police officer arrests the alleged offender for an offense under Chapter 49 of the Texas Penal Code that involves the operation of a motor vehicle;

• the alleged offender voluntarily refuses the officer’s request to submit to the taking of a specimen; 

• the alleged offender operated a motor vehicle involved in an accident that the officer reasonably believes occurred as a result of the alleged offense; and

• during the arrest, the officer reasonably believes that as a direct result of an accident any person has died, will die, or has suffered serious bodily injury.

Texas Transportation Code § 724.012(b) further provides that a peace officer must require the taking of a specimen of the alleged offender’s breath or blood in any of the following circumstances when they arrest the alleged offender for an offense under Chapter 49 of the Texas Penal Code, involving the operation of a motor vehicle and the alleged offender refuses an officer’s request to voluntarily submit to the taking of a specimen:

• the alleged offender was operating a motor vehicle involved in an accident that the officer reasonably believes occurred because of the offense and, during the time of the arrest, the officer reasonably believes that because of the accident a person other than the alleged offender has suffered bodily injury and been transported to a hospital or other medical facility for medical treatment;

• the offense for which the officer arrests the alleged offender is an offense under Texas Penal Code § 49.045 (DWI with child passenger); or

• during the arrest, the officer possesses or receives reliable information from a credible source that an alleged offender has been previously convicted of or placed on community supervision for an offense under Texas Penal Code § 49.045, Texas Penal Code § 49.07, or Texas Penal Code § 49.08, or an offense under the laws of another state containing elements substantially similar to the elements of an offense under those sections, or on two or more occasions, has been previously convicted of or placed on community supervision for an offense under Texas Penal Code § 49.04, Texas Penal Code § 49.05, Texas Penal Code § 49.06, or Texas Penal Code § 49.065, or an offense under the laws of another state containing elements substantially similar to the elements of an offense under those sections.

Drunk and Drugged Driving Penalties in Collin County

Possible consequences of convictions for drunk or drugged driving in Texas can be extremely harsh. Punishments will increase with subsequent offenses. 

Some of the possible penalties for DWI convictions can include:

• First Offense — Class B misdemeanor punishable by up to 180 days in jail, a fine of up to $2,000, up to 100 hours of community service, and a driver’s license suspension of up to one year

• Second Offense — Class A misdemeanor punishable by up to one year in jail, a fine of up to $4,000, up to 200 hours of community service, and a driver’s license of up to two years

• Third or Subsequent Offense — Third-degree felony punishable by up to 10 years in prison, a fine of up to $10,000, up to 1,000 hours of community service, and a driver’s license of up to two years

On top of the DWI penalties, a conviction for possession of a controlled substance are dependent on the drug penalty group a controlled substance falls under and the amount of the drug. Texas Health and Safety Code § 481.115 states that for a controlled substance listed in Penalty Group 1, unless the alleged offender obtained the controlled substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice, criminal offenses will be categorized as follows:

• Less than 1 gram — State jail felony punishable by up to two years in state jail and/or a fine of up to $10,000

• 1 gram or more but less than 4 grams — Third-degree felony punishable by up to 10 years in prison and/or a fine of up to $10,000

• 4 grams or more but less than 200 grams — Second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000

• 200 grams or more but less than 400 grams — First-degree felony punishable by up to 99 years or life in prison and/or a fine of up to $10,000

• 400 grams or more — Punishable by a minimum of 10 years up to 99 years or life in prison and/or a fine of up to $100,000

Under Texas Health and Safety Code § 481.1151, possession of a controlled substance listed in Penalty Group 1-A is categorized as follows:

• Fewer than 20 units — State jail felony punishable by up to two years in state jail and/or a fine of up to $10,000

• 20 or more units but fewer than 80 units — Third-degree felony punishable by up to 10 years in prison and/or a fine of up to $10,000

• 80 or more units but fewer than 4,000 units — Second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000

• 4,000 or more units but fewer than 8,000 units — First-degree felony punishable by up to 99 years or life in prison and/or a fine of up to $10,000

• 8,000 or more units — Punishable by a minimum of 15 years up to 99 years or life in prison and/or a fine of up to $250,000

Texas Health and Safety Code § 481.116 states that possession of a Penalty Group 2 controlled substance is classified as follows:

• Less than 1 gram — State jail felony punishable by up to two years in state jail and/or a fine of up to $10,000

• 1 gram or more but less than 4 grams — Third-degree felony punishable by up to 10 years in prison and/or a fine of up to $10,000

• 4 grams or more but less than 400 grams — Second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000

• 400 grams or more — Punishable by a minimum of five years up to 99 years or life in prison and/or a fine of up to $50,000

Under Texas Health and Safety Code § 481.116, possession of a Penalty Group 3 is punishable as follows:

• Less than 28 grams — Class A misdemeanor punishable by up to one year in jail and/or a fine of up to $4,000

• 28 grams or more but less than 200 grams — Third-degree felony punishable by up to 10 years in prison and/or a fine of up to $10,000

• 200 grams or more but less than 400 grams — Second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000

• 400 grams or more — Punishable by a minimum of five years up to 99 years or life in prison and/or a fine of up to $50,000

Texas Health and Safety Code § 481.116 establishes that possession of a Penalty Group 4 controlled substance is punishable as follows:

• Less than 28 grams — Class B misdemeanor punishable by up to 180 days in jail and/or a fine of up to $2,000

• 28 grams or more but less than 200 grams — Third-degree felony punishable by up to 10 years in prison and/or a fine of up to $10,000

• 200 grams or more but less than 400 grams — Second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000

• 400 grams or more — Punishable by a minimum of five years up to 99 years or life in prison and/or a fine of up to $50,000

Texas Health and Safety Code § 481.121 further establishes that possession of marijuana is punishable as follows:

• 2 ounces or less — Class B misdemeanor punishable by up to 180 days in jail and/or a fine of up to $2,000

• 4 ounces or less but more than 2 ounces — Class A misdemeanor punishable by up to one year in jail and/or a fine of up to $4,000

• 5 pounds or less but more than 4 ounces — State jail felony punishable by up to two years in state jail

• 50 pounds of less but more than 5 pounds — Third-degree felony punishable by up to 10 years in prison and/or a fine of up to $10,000

• 2,000 pounds or less but more than 50 pounds — Second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000

• More than 2,000 pounds — Punishable by up to 99 years or life in prison and/or a fine of up to $50,000

Texas Health and Safety Code § 481.119 further provides that possession of a controlled substance not listed in a penalty group will be punishable as a state jail felony punishable by up to two years in state jail and/or a fine of up to $10,000 if the alleged offender has been previously convicted of a drug crime, or a third-degree felony punishable by up to 10 years in prison and/or a fine of up to $10,000 if the alleged offender has been previously convicted two or more times of a drug crime.

Defenses to Driving While Intoxicated with Drugs Charges in Collin County

If an alleged offender is accused of driving under the influence of a drug they were allegedly in possession of, it is important to understand that the time the person took a drug can tremendously impact whether the drug was actually active at the time of an arrest. Many drugs can be detected in drug tests long after their effects have worn off.

As the Mayo Clinic notes, approximate detection times for drugs screened in a 10-panel drug test can include:

In other cases, allegations of drug use will be dependent on a police officer’s observations, with bloodshot eyes being the most common such observation. It is always possible that there are alternative explanations for these symptoms.

Finally, there is always the issue of how testing was conducted, and certain procedural flaws in the administration of a drug test could negate the results.

Collin County Combined Possession and DWI Charges Resources

10 myths about drugged driving | Texas District & County Attorneys Association (TDCAA) — Learn more about some of the common misconceptions about driving while impaired by drugs. This website notes that hospitals do not automatically take blood samples from drivers if medical personnel or police suspect impairment by drugs. It also notes that it is imperative that police officers be trained on recognizing the signs of drug impairment by taking classes such the Drug Recognition Expert (DRE) or Advanced Roadside Impaired Driving Enforcement (ARIDE) courses.

Drugged Driving DrugFacts – National Institute on Drug Abuse (NIDA) — View this NIDA webpage discussing why drugged driving is dangerous and how many people take drugs and drive. The website claims that marijuana is the drug most often found in the blood of drivers involved in crashes. It also notes that older adults might not have drugs break down their systems as quickly as younger people, and such factors can cause unintended intoxication while behind the wheel of a car.

Find A Collin County Attorney for Combined Possession and DWI Charges | Law Offices of Richard C. McConathy

Were you arrested for DWI and possession of a controlled substance anywhere in Collin County? It will be very important for you to seek the help of an experienced criminal defense lawyer.

Call (469) 304-3422  or contact the Law Offices of Richard C. McConathy today at for a consultation about your alleged offense in Plano, Allen, Frisco, McKinney, TX, and surrounding areas of Collin County, Texas. We can then better understand the nature of your charges and also examine your possible defense options.