Have you been charged with the possession of marijuana in the state of Texas? If so, you could be facing significant jail or prison time along with hefty fines. According to Texas Penal Code Ann. § 49.04, a person can be charged with a DWI if the use of marijuana has impacted their normal mental or physical ability to operate their vehicle.
Criminal charges of marijuana possession are very much a big deal in Texas. If you live in or around the Austin area, an experienced DWI marijuana lawyer may be able to help you avoid incarceration and save your reputation from being ruined.
An Overview of a DWI for Marijuana
In Texas, “intoxication” refers to alcohol, drugs, controlled substances, and any substance that negatively affects your ability to drive.
If you operate a vehicle under the influence of any substance that affects your driving ability, you are driving while intoxicated (DWI).
Penalties and Fines for DWI
Some penalties for those charged with a DWI for marijuana are:
- 1st-time offenders may be fined up to $2,000 and face a jail sentence from 3 days to 6 months.
- 2nd -time offenders could be fined up to $4,000 and go to jail from 5 days to a year. You could also lose your license for up to 2 years.
- 3rd-time offender could be fined as much as $10,000. Your jail time may be from 2 to 10 years. Your driver’s license could be taken away for up to 2 years, as well.
- If you have an open container in your car, your offense would go from a Class B to a Class A misdemeanor, along with jail time.
A DWI conviction while driving with a child under 14 is a felony. You would have to pay a fine as high as $10,000 and lose your license for up to two years.
What Are the Fines and Jail Time for Possession of Marijuana in Texas?
If you are accused of possessing up to two ounces of marijuana, you could be forced to pay a $2000 fine. In the state of Texas, you also could face a 180-day jail sentence.
If you are convicted of possessing higher amounts of marijuana, the charges are even steeper. Below is a list of the jail sentences and fines you could be facing for marijuana possession in Texas:
- Possession of two ounces or less of marijuana is classified as a Class B misdemeanor. The likely penalty is jail time along with a fine.
- If you are convicted of possessing two to four ounces, that is considered a Class A misdemeanor. A conviction can result in a fine and a jail sentence.
- Are you charged with possessing four ounces to five pounds? That is classified as a state felony. A conviction may result in time in a state jail along with a hefty fine.
- A conviction for five pounds to fifty pounds of marijuana is classified as a third-degree felony in Texas. The penalty is a prison stay along with a fine.
- Possessing from fifty to 2000 pounds of marijuana in Texas is classified as a second-degree felony. Punishment includes fines and a state prison sentence.
- If you are charged with possessing any amount of marijuana over 2000 pounds, it’s considered a first-degree felony. Penalties include a stiff fine and a lengthy prison sentence.
- You could serve anywhere from five to ninety-nine years to life imprisonment.
The big takeaway, a conviction of possessing marijuana in the state of Texas will likely result in a jail or prison sentence.
While Texas House legislation has recently passed a bill to reduce criminal charges for possessing less than two ounces of marijuana, the Senate will likely prevent the bill from becoming law.
Are the Penalties Lower for Texas First-Time Marijuana Charges?
Are you accused of possessing two ounces or less marijuana in the state of Texas? If this is the first offense and you have no other criminal record, you may be able to negotiate a dismissal of your charges.
Depending on the circumstances surrounding your case, you may be able to avoid jail time by offering to enter a drug treatment program. Serving community service is another option for some first-time offenders.
If you avoid any other criminal charges while on community service, or for the duration of your drug rehabilitation program, you may be able to get your charges dropped.
Can I Enter a Drug Treatment Center as Part of My Sentence?
Many prosecutors encourage first-time offenders of drug possession charges to enter a drug rehab facility. Prosecutors don’t want people to repeat their mistakes.
Are you an addict? Entering a drug treatment center is not only a way to turn your life around but may help you avoid jail time.
Avoiding a prison sentence and keeping your permanent record clean of criminal charges should be your top goals. Contacting an experienced Austin marijuana law firm may make submitting a plea agreement easier.
Factors that May Increase Your Charges
Some people charged with possession of marijuana in Texas believe that a first offense will result in being left off with a warning or a light form of punishment. In reality, you could be facing severe penalties depending on other factors in your case.
These circumstances can lead to increased charges against you:
- The amount of marijuana you are accused of possession at the time of your arrest
- If the arrest took place near a school or other drug-free area
- Whether there were minors near you at the time of your arrest
Those are just a few examples of factors that could turn a simple first-time offense into a first-degree felony. The law can be very confusing to laypeople. A defense attorney who understands the legal system may be your best option to stay out of jail.
What Can an Austin DWI Marijuana Lawyer on Our Team Do?
Despite what some think, being arrested in Texas with marijuana on your person, your premises, or your vehicle does not equal an automatic conviction. There may be options, depending on your case.
An Austin law firm familiar with criminal proceedings knows what to investigate in cases like yours. Circumstances surrounding your case might open up several defense avenues. An experienced marijuana criminal defense attorney on our team may investigate:
- Whether you were the victim of an illegal search or seizure
- The possibility of someone planting the drugs on you
- Whether law enforcement personnel used entrapment
- The possibility of someone else owning the marijuana
- Any errors by the crime lab handling your case
Your lawyer can also determine which laws apply to your case, work to get your charges reduced or dismissed, and enter into negotiations with the prosecutor.
What the Law Offices of Randall B. Isenberg Has Done for Previous Clients
Our team fights for the best possible outcome for all of our clients. Take a look at some of our past results:
- DWI deferred to probation
- DWI dismissed
- DWI charges reduced to obstruction of roadway
- Speedy trial for DWI was granted, and the court dismissed the charges
- DWI 2nd reduced to a Class B misdemeanor charged
In addition to achieving justice for you, we also want to make the legal process as painless as possible. Our former clients have expressed their thoughts on their time with us.
“After I decided to go with Randall B. Isenberg, I first thought I’d made a mistake… But it didn’t take me long to discover how hard the attorneys at his law offices were working. No doubt that I’m free today because of them.” – Gerrie J.
“The Isenberg law offices are filled with professionals who take every case and client seriously, as if they’re going up to bat for their own family members. Our family will look only to Isenberg whenever we need a great lawyer.” – Christopher
“Thanks Randall for getting my charges reduced. I went from facing decades in prison to probation… My world was destroyed, and the experience has humbled me to be the best driver I can possibly be. I’ll be happy to refer your law firm to anyone wanting an outstanding attorney.” – Erick
We’re ready to hear what happened and start developing your defense strategy.
Contact Us for a Free Case Evaluation
The Law Offices of Randall B. Isenberg have decades of experience helping clients just like you. Mr. Isenberg is a former Senior Chief Felony Prosecutor and State District Trial Judge with 30 years of experience. As a current defense lawyer, he understands both sides of the law. That vast understanding gives his entire team an understanding of what to look for to help your case.
Our staff is available 24 hours a day, seven days a week, to conduct a free evaluation of your case. Contact us TODAY by calling (214) 696-9253 to find out what can be done regarding your case. You may also fill out our free evaluation form on our contact page.
Randy Isenberg and his entire team believe everyone accused of a crime should have the opportunity to defend themselves in court. We will work tirelessly to help you obtain the best possible outcome for your case.
