This page was written, edited, reviewed & approved by Brian LaVine following our comprehensive editorial guidelines. Brian LaVine the Founding Partner, 10+ years of legal experience as criminal defense attorney.

Austin Drug Crime Defense Lawyer
by Brian LaVine / Last Updated: July 24, 2026

A drug crime conviction in Austin can lead to jail or prison time, substantial fines, and a permanent criminal record that affects nearly every part of your life. Whether you are accused of possessing, delivering, manufacturing, or trafficking controlled substances, you need an Austin drug crime defense lawyer who knows how to protect your rights and challenge the state's case from the very beginning.

LaVine Law Firm represents clients throughout Travis County facing misdemeanor and felony drug charges. Our attorneys investigate every aspect of your case, challenge unlawful police conduct, and fight for the best possible outcome. 

Call 713-428-2264 today for a free confidential case evaluation.

Why Choose LaVine Law Firm for Your Austin Drug Crime Case?

A drug crime charge can put your freedom, career, and future at risk. At LaVine Law Firm, we understand what is at stake, and we provide aggressive representation designed to protect your rights at every stage of your case.

Here is why clients trust our firm:

  • Board-certified criminal defense attorneys with extensive experience handling Texas drug crime cases.
  • More than 700 dismissals secured in 2025, reflecting our commitment to obtaining favorable results.
  • Aggressive negotiations and trial-ready representation that show prosecutors we are prepared to defend your case in court.
  • Thorough investigations focused on uncovering weaknesses in the state's evidence and protecting your constitutional rights.
  • Personalized defense strategies tailored to the specific facts of your case.

We also offer flexible payment plans because everyone deserves experienced legal representation when facing serious criminal charges.

Call LaVine Law Firm today at 713-428-2264 for a free confidential case evaluation.

What Drug Crimes Can Lead to Criminal Charges in Texas?

Texas law prohibits a wide range of drug-related offenses involving controlled substances. The charge you face depends on the type of drug, the amount involved, and the conduct alleged by prosecutors.

Drug Possession

Possessing a controlled substance without a valid prescription is one of the most common drug offenses in Texas. Depending on the drug's penalty group and the amount involved, possession may be charged as either a misdemeanor or a felony.

Possession With Intent to Deliver

Prosecutors may file possession with intent to deliver charges when they believe the evidence shows you intended to sell or distribute controlled substances. They often rely on factors such as the quantity of drugs, packaging materials, cash, or communications to support these allegations.

Drug Manufacturing

Manufacturing charges involve producing or preparing controlled substances. These offenses are aggressively prosecuted and often carry significant prison sentences and substantial fines.

Drug Delivery

A person may face drug delivery charges for allegedly transferring, selling, or offering to transfer controlled substances to another person. The severity of the offense depends on the type of drug, the amount involved, and other circumstances surrounding the alleged transaction.

Drug Trafficking

Although Texas law generally prosecutes trafficking offenses under delivery and possession statutes, large-scale drug operations often result in the most serious felony charges. These cases frequently involve extensive investigations, search warrants, and multiple law enforcement agencies.

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How Does Texas Classify Controlled Substances?

Texas classifies controlled substances into several penalty groups under the Texas Controlled Substances Act. The penalty group assigned to a drug plays a major role in determining the potential criminal penalties.

Penalty Group 1

Penalty Group 1 includes substances such as cocaine, heroin, methamphetamine, and many opioids. These offenses often carry the most severe penalties under Texas drug laws.

Penalty Group 1-A

Penalty Group 1-A consists primarily of LSD and similar substances. The penalties are based on abuse units rather than weight, making these cases different from most other drug offenses.

Penalty Group 2

Penalty Group 2 includes drugs such as MDMA (Ecstasy), PCP, and similar hallucinogens. Charges involving these substances may range from lower-level felonies to offenses carrying lengthy prison terms.

Penalty Group 2-A

Penalty Group 2-A primarily covers synthetic cannabinoids. While often misunderstood, these substances can still result in serious criminal charges and significant penalties.

Penalty Group 3

Penalty Group 3 includes certain prescription medications and depressants that have accepted medical uses but remain tightly regulated under Texas law. Unauthorized possession or distribution can still lead to felony prosecution.

Penalty Group 4

Penalty Group 4 generally includes prescription compounds containing limited amounts of narcotic drugs. Although these offenses may carry lower penalties than other drug crimes, they should still be taken seriously.

Marijuana

Marijuana offenses are governed separately from the numbered penalty groups. Depending on the amount involved and the alleged conduct, charges may range from misdemeanor possession to serious felony offenses involving large quantities or distribution.

What Are the Penalties for Drug Crimes in Texas?

The penalties for a Texas drug crime conviction depend on the type of controlled substance, its penalty group, the amount involved, and your criminal history. 

Depending on the circumstances, you may face:

Jail and Prison Sentences

  • Misdemeanor or felony charges depending on the offense.
  • Sentences ranging from up to 180 days in jail to 99 years or life in prison for the most serious felony drug crimes.
  • Enhanced penalties for repeat offenders or large quantities of controlled substances.

Criminal Fines

A conviction may also result in:

  • Fines ranging from hundreds of dollars to $250,000 or more, depending on the offense.
  • Court costs and other mandatory assessments.
  • Asset forfeiture involving cash, vehicles, firearms, or other property allegedly connected to the offense.

Additional Criminal Consequences

A drug crime conviction may also lead to:

  • A permanent criminal record.
  • Difficulty obtaining employment, housing, or professional licenses.
  • Loss of firearm rights for certain felony convictions.
  • Serious immigration consequences for non-citizens.

Penalty Enhancements

Texas law imposes harsher penalties when:

  • Larger quantities of controlled substances are involved.
  • The offense occurs in a drug-free zone, such as near a school or playground.
  • A child is involved in the commission of the offense.
  • The defendant has prior felony convictions.

Long-Term Consequences

Beyond criminal penalties, a conviction can affect nearly every aspect of your future, including:

  • Career and educational opportunities.
  • Professional licensing and certifications.
  • Child custody or family law matters.
  • Future criminal sentencing and your personal reputation.

Common Defenses to Drug Charges

Every drug case is unique, and the strongest defense depends on the facts surrounding your arrest. Our attorneys thoroughly investigate every case to identify constitutional violations, challenge unreliable evidence, and protect your rights.

Illegal Search and Seizure

The Fourth Amendment protects you from unreasonable searches and seizures. If law enforcement searched your person, vehicle, home, or property unlawfully, we may seek to suppress the evidence obtained.

Lack of Possession

The prosecution must prove that you knowingly possessed or controlled the alleged controlled substance. We challenge cases involving shared vehicles, residences, or situations where the drugs did not belong to you.

Unlawful Traffic Stops

Many drug arrests begin with traffic stops. If officers lacked reasonable suspicion or probable cause to stop your vehicle, important evidence may be excluded from court.

Problems With Laboratory Testing

Drug evidence must be properly collected, stored, tested, and documented. We examine laboratory procedures for errors, contamination, or breaks in the chain of custody that could weaken the prosecution's case.

Constitutional Violations

Violations of your constitutional rights during questioning, arrest, or investigation can significantly affect the admissibility of evidence. We aggressively pursue every available legal challenge.

Can Drug Charges Be Reduced or Dismissed?

Yes. Depending on the facts of your case, drug charges may be reduced or dismissed through strategic legal challenges and negotiations. Our attorneys evaluate every available option to pursue the best possible outcome.

Diversion Programs

Some eligible defendants may qualify for diversion programs that focus on rehabilitation rather than conviction. Completing a program may allow charges to be dismissed in qualifying cases.

Deferred Adjudication

Deferred adjudication may be available for certain offenses and eligible defendants. If completed, it can help you avoid a formal conviction while complying with court-ordered conditions.

Motion to Suppress Evidence

If evidence was obtained through an illegal search, unlawful detention, or another constitutional violation, we may file a motion asking the court to exclude that evidence from trial.

Plea Negotiations

When appropriate, we negotiate with prosecutors to seek reduced charges, alternative sentencing options, or other favorable resolutions that protect your future.

What Should You Do After a Drug Crime Arrest?

The decisions you make immediately after an arrest can significantly affect your defense. Taking the right steps early helps protect your rights and strengthens your case.

  1. Exercise Your Right to Remain Silent: You do not have to answer questions from law enforcement. Politely request an attorney and avoid making statements that could later be used against you.
  2. Do Not Consent to Additional Searches: You have the right to refuse consent to additional searches in many situations. Allow your attorney to evaluate whether law enforcement acted within the limits of the law.
  3. Preserve Evidence: Save text messages, photographs, receipts, surveillance footage, and any other information that may support your defense before it is lost or destroyed.
  4. Follow All Court Orders: Comply with every bond condition and attend all scheduled court appearances. Failing to do so can make your case more difficult to defend.
  5. Contact an Austin Drug Crime Defense Lawyer Immediately: The sooner an attorney begins working on your case, the more opportunities there are to protect your rights, preserve evidence, and challenge the prosecution's allegations.

Why Early Legal Representation Matters

Drug crime investigations often begin long before formal charges are filed. Having an attorney involved early can make a meaningful difference in the outcome of your case.

Protecting Your Constitutional Rights

We work immediately to ensure law enforcement respects your constitutional rights throughout the investigation, arrest, and questioning.

Preserving Critical Evidence

Witnesses become harder to locate, and surveillance footage may be erased over time. Early action helps preserve evidence that may strengthen your defense.

Challenging Search Warrants

Search warrants must satisfy strict legal requirements. We review warrant applications and execution procedures to identify constitutional defects that may lead to suppressed evidence.

Preparing for Trial

Every case is prepared as though it will proceed to trial. Building a strong defense from the outset places you in the best position whether your case is resolved through negotiation or presented before a jury.

Criminal charges can change your life—Get the defense you deserve.

Call LaVine Law Firm Today

Contact Our Austin Drug Crime Defense Lawyer for a Free Confidential Consultation

A drug crime conviction can affect your freedom, finances, career, and future, but you do not have to face the criminal justice system alone. At LaVine Law Firm, we aggressively defend clients throughout Austin and Travis County against misdemeanor and felony drug charges, working to protect their rights and pursue the best possible outcome.

Call LaVine Law Firm today at 713-428-2264 for a free, confidential case evaluation, and let our experienced Austin drug crime defense lawyer begin building your defense today.

Brian LaVine
owner & managing attorney
About The Author
Brian, a University of Texas at Austin graduate, earned his J.D. from South Texas College of Law in December 2014, specializing in criminal law and trial advocacy.

During law school, he was a mock trial quarterfinalist and also interned at the Harris County District Attorney's Office, gaining valuable courtroom and prosecutorial insight.

With extensive experience in misdemeanor and felony cases, Brian is dedicated to providing an aggressive defense, outworking the prosecution to achieve the best possible outcome for his clients.
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