Drug-related DWI charges carry the same harsh penalties as a drunk driving offense. Depending on your prior criminal record and other factors, you face exorbitant fines, possible jail time, and suspension of your driver’s license. You will also have a permanent criminal record that can be used against you in many parts of your life. Unlike drunk driving, marijuana DWI is a complex area of the law that presents a variety of unique challenges. Contact a DWI marijuana lawyer in Dallas for help. Our experienced Dallas DWI attorneys offer a no-cost case review, to help you decide the best course of action.
Penalties for DWI With Marijuana in Dallas
The penalties for a drug-related DWI are identical to those for an alcohol-related offense. Upon arrest, you will face criminal charges ranging from a Class B misdemeanor to a felony offense. Our Dallas criminal defense lawyers are ready to help you get the best outcome for your case. Each of these crimes carries maximum potential penalties as follows.
Class B Misdemeanor – up to six months in jail, $2,000 fine, one-year suspension of your driver’s license
Class A Misdemeanor – up to one year in jail, $4,000 fine, two-year suspension of your driver’s license
Third-Degree Felony – two to 10 years in prison, $10,000 fine, two-year suspension of your driver’s license
Second-Degree Felony – two to 20 years in prison, $10,000 fine, two-year suspension of your driver’s license
First-Degree Felony – up to 99 years in prison, two-year suspension of your driver’s license
You also face the genuine possibility of probation, community service, and court-ordered substance abuse treatment. You must pay all court costs and fees as well as a $1,000 to $2,000 surcharge to get your driver’s license back after your suspension ends. You must pay this surcharge annually for three years to retain your license.
Finally, just like an alcohol-related DWI, you will have a permanent criminal record. Employers, landlords, and others may use your record to deny you jobs, housing, and many types of professional licenses. The difference is that, for drug-related DWI, you may be disqualified from receiving student loans and participating in many governmental programs.
You Will Also Lose Your Driver’s License for a Marijuana DWI
When the police arrest you for DWI with marijuana, it triggers the Administrative License Revocation (ALR) process. This civil proceeding for suspending your driver’s license runs concurrently with your criminal case.
In Texas, anyone caught in possession of a controlled substance can be subject to legal ramifications. Depending on your situation, you could be facing a misdemeanor or felony charge. The factors that determine this include the amount and type of drug allegedly found in your possession.
While the degree of your charge is contingent on a variety of actors, drug-related crimes are serious and can be difficult to understand. If you’re convicted of possession of drugs, meeting with a Dallas drug crime lawyer can help you determine a plan of action.
If you want to argue against the suspension of your license, you must request and schedule a formal hearing. This hearing, overseen by an administrative law judge, allows you to present a case in defense of your driver’s license.
When you enlist the assistance of a DWI marijuana lawyer, your legal team can leverage the ALR hearing to obtain critical evidence in your case. Your lawyer can also compel the arresting officer and others to testify under oath at the hearing. This allows your lawyer to question witnesses to help make your case.
How a DWI Marijuana Lawyer in Dallas Can Help You
Because marijuana and its derivatives are legal in several states, this complex area of the law is rapidly changing based on case law and statutory updates. Dallas’ own laws are changing. Even so, the Texas state laws have not adapted accordingly. Consequently, having a DWI marijuana lawyer in Dallas on your side will protect your legal rights and help you obtain the best possible result.
The Law Offices of Randall B. Isenberg provides a full range of legal services, which include:
- Investigating your case and assembling evidence
- Developing comprehensive legal defense strategies
- Negotiating to have your charges reduced or dropped
- Preparing your case for court, if necessary
Many of the same legal defense strategies used in standard DWI cases may also work for drug-related DWI.
- Lack of reasonable suspicion to stop your vehicle
- Lack of probable cause to place you under arrest
- Problems related to the blood testing process
We select defense strategies for your case based on the facts and evidence gathered during our initial investigation. We negotiate with the prosecutor with the goal of having your charges reduced or dropped. However, we can also pursue your case in court.
The prosecutor may urge you to enter a guilty plea. However, before you choose this option, consider talking to a DWI lawyer at the Law Offices of Randall B. Isenberg to discuss your case.
The Complex Nature of a Drug-Related DWI
In Dallas and throughout Texas, marijuana is illegal in all forms, even for medical use. Consequently, you can be arrested for driving while intoxicated if you have any detectable trace of the drug in your blood stream. This applies while operating a motor vehicle as well as flying, boating and assembling or operating an amusement park ride.
Aggravating factors that may increase your charges and penalties include:
- Having prior DWI convictions (alcohol, drugs, or a combination)
- Having an open container of alcohol in your car
- Having a child below age 15 in the vehicle
- Causing a marijuana DWI accident
- Causing a marijuana DW accident with property damage
- Causing a marijuana DW accident with injuries or a fatality
If the police suspect you drove while intoxicated on cannabis, they will request a blood test. Unfortunately, you could retain traces of THC in your bloodstream days or weeks after smoking marijuana or consuming edibles.
The prosecutor may also add a drug possession charge to your case if the police found you to be in possession of any marijuana or drug paraphernalia. That can potentially add substantially to the penalties you face.
For these reasons, consider talking to a DWI marijuana lawyer in Dallas before you decide on the next step.
Call Now for a Free DWI Marijuana Consultation
An alcohol DWI can severely impact your life. A drug-related DWI can potentially harm you even more. Before making any decisions about your case or giving a statement to the police, take advantage of the free marijuana DWI consultation offered by the Law Offices of Randall B. Isenberg.
We will fight for your rights and work to help you achieve the best possible result in your case. Call our law office today for help.
