License Suspension

If you plead guilty to a drug offense, you face a license suspension. You can avoid a suspension if your plea deal is to "Deferred Adjudication", but either straight "Probation" or jail time is a final conviction and results in a license suspension.  If you are eligible, you can apply for an Occupational Driver's License (ODL), so that you can continue to drive legally 

If you are convicted for possession or delivery of any violation of the Controlled Substances Act, even marijuana, your driver’s license will be suspended for at least 180 days. The driver’s license suspension applies to marijuana convictions as well as other enses. In other words, a small amount of marijuana gets you the same driver’s license suspension as crack cocaine. 

The Texas Transportation code deals with marijuana conviction suspensions in the following sections:


(a) A person’s driver’s license is automatically suspended on final conviction of:

(1) an offense under the Controlled Substances Act;
(2) a drug offense; or
(3) a felony under Chapter 481, Health and Safety Code, that is not a drug offense.

(b) The department may not issue a driver’s license to a person convicted of an offense specified in Subsection (a) who, on the date of the conviction, did not hold a driver’s license.

(c) Except as provided by Section 521.374(b), the period of suspension under this section is the 180 days after the date of a final conviction, and the period of license denial is the 180 days after the date the person applies to the department for reinstatement or issuance of a driver’s license.

§ 521.343. PERIOD OF SUSPENSION; EXTENSION. (a) Except as provided by Sections 521.342(b), 521.344(a), (b), (d), (e), (f), (g), (h), and (i), 521.345, 521.346, 521.3465, and 521.351, a suspension under this subchapter is for one year.
(b) If a license is suspended under this subchapter for a subsequent period, the subsequent suspension is for 18 months except as otherwise provided by a section listed in Subsection (a).
(c) If the license holder is convicted of operating a motor vehicle while the license to operate a motor vehicle is cancelled, disqualified, suspended, revoked, or denied, the period is extended for the same term as the original suspension or disqualification, in addition to any penalty assessed under this chapter or Chapter 522.

Subpages (2): ODL-Restricted Suspension