The tide of marijuana legalization that has washed over states like Oklahoma, Louisiana, and New Mexico. However, it has not spread to Texas. Marijuana is still illegal to possess in Texas, and it is also illegal to drive while under the influence. Regardless of whether you purchased your marijuana legally in a border state, if the police believe you’re driving while high, you will get arrested.
If convicted, you could face mandatory jail time, fines, and damage to your personal and professional reputation. This sounds scary, but a Keller DWI criminal defense attorney can help. The Law Offices of Randall B. Isenberg has secured favorable outcomes for even the most hopeless-seeming cases. We offer board-certified, vigorous legal defense to anyone facing DWI charges in Keller.
What a Keller DWI Marijuana Attorney Can Do for You
A criminal defense lawyer from our firm will challenge the circumstances of your arrest and the evidence against you. In many cases, we find that DWI marijuana charges are subjective. Unless the arresting officer caught you smoking behind the wheel, there’s no surefire way to tell whether you were under the influence.
There are many ways we can defend you from these charges. We may assert that:
The Police Didn’t Have Probable Cause to Pull You Over
The arresting officer must have had probable cause to stop you in the first place. If we can prove you didn’t commit a traffic violation or infraction that led to the stop, we could contest the circumstances of your arrest.
The Police Did Not Properly Gather Evidence
Most DWI marijuana cases rely on blood tests conducted after the traffic stop to prove a motorist’s intoxication. We’ll examine the methodology of the evidence collection and possibly challenge the results. Even if you test positive for marijuana, that doesn’t necessarily mean you were high when the police arrested you.
You Weren’t Impaired by Drugs
Most marijuana blood testing is conducted post-arrest. However, these tests only reveal the presence of THC in your system, not necessarily that you ingested it before driving. If there was no actual marijuana or paraphernalia in your vehicle at the time of your arrest, we could assert that the police officer did not have grounds to arrest you.
Your Keller DWI Attorney Can Work With the Prosecutor in Your Case
Our founder, Attorney Randall B. Isenberg, spent years as a prosecutor and circuit county judge. He knows the ins and outs of criminal defense cases, including what separates acquittals from guilty verdicts. As part of working with our team, we can work with the prosecutor on your case-related obligations.
We may:
- Advise you to take a plea deal. Sometimes, a “not guilty” verdict isn’t possible. In those cases, we may suggest that you take a plea deal, which would result in less harsher sentencing.
- Work to have your case dropped. If the prosecution doesn’t have compelling evidence, then they can’t present a strong case in front of the jury.
- Complete your case. If the prosecution is determined to secure a guilty verdict, we’re determined to do the opposite and secure the best possible outcome.
We work hard to build a defense and fight for you.
Our Keller DWI Marijuana Attorneys Help You Avoid a Conviction
According to the Texas Department of Transportation (TxDOT), the state views drunk driving the same as driving under the influence of marijuana. A first-time offense for a DWI marijuana conviction can result in:
- Up to 180 days in jail
- A $2,000 fine
- A one-year suspension of your driver’s license
A second-time DWI offense is punishable by the following:
- Anywhere from a month to a year in jail
- A $4,000 fine
- Driver’s license suspension ranging from 180 days to a year
Some charges can enhance the penalties you face. For instance, if the state believes you drove while intoxicated with a minor passenger, you could face a $10,000 fine, along with two years in jail.
No matter how complicated your case may seem, our Keller DWI team is here to serve you.
Other Penalties for a DWI Marijuana Conviction
The potential consequences of losing your freedom, having your driver’s license suspended, and paying massive fines are bad enough. However, they are not the only potential consequences of a DWI marijuana conviction. A conviction will also reflect negatively on your personal reputation and becomes part of your criminal record.
Many of the most competitive jobs and professional certifications will require you to submit to a background check, and a drug-related conviction may disqualify you from consideration. Your DWI marijuana conviction also means you may not be eligible for financial aid to go to university, and now that many apartment managers run criminal background checks, a conviction might even keep you from securing quality housing for yourself and your family.
That’s how high the stakes are in a DWI marijuana case. It’s also a big part of why you want an attorney who will fight to keep you from being convicted. Our lawyers will use their experience, skill, and determination to give you the best possible chance at a successful outcome.
Consult With Our Keller DWI Marijuana Attorneys
Make no mistake; after a DWI arrest, you are in for the fight of your life. A conviction can cost your freedom, thousands of dollars in fines, and personal reputation. It doesn’t have to be that way.
You have a constitutional right to fight the charges against you, and the Law Offices of Randall B. Isenberg is here to put up a fight. We know being arrested can be a scary experience, and we are here to help you get through it with your freedom and reputation intact. Call our office for a case review, and see what a DWI marijuana lawyer can do for you.
