Many people believe the possession of marijuana is an insignificant charge. That’s not true, especially in Texas. An Arlington DWI marijuana lawyer with the Law Offices of Randall B. Isenberg may be able to help you avoid a conviction.
Having a permanent mark on your record could follow you around for the rest of your life, so allow our firm to fight for justice on your behalf.
What Is DWI and How does It Apply to Marijuana in Arlington, Texas?
In Texas, “intoxication” does not only refer to alcohol. Intoxication means you are under the influence of drugs, alcohol, controlled substances, or any substance that impairs your driving ability.
DWI indicates the driver is operating a motor vehicle while under the influence of alcohol or any other substance.
DWI Penalties & Fines
If you were charged with a DWI, some of the penalties you could face include:
- If the driver and/or passengers possess an open alcohol container, they are subject to a fine of up to $500.
- First DWI offense: You could receive a fine of up to $2,000. You may be subject to a jail sentence from 3-180 days. Another penalty may include losing your driver’s license for up to 1 year.
- Second DWI offense: You could be subject to a fine of up to $4,000 and a jail sentence between 5 days and a year if convicted. You could lose your license for up to 2 years.
- Third DWI offense: You may be subject to a fine of up to $10,000 and face a jail sentence of 2-10 years if convicted. You may lose your license for up to 2 years, too.
- DWI with a child passenger: You could face a fine of up to $10,000 and receive a jail sentence of up to 2 years. You could also lose your license for up to 2 years.
If you are convicted of two or more DWIs in five or fewer years, you may be required to install an ignition switch preventing you from driving under the influence.
What Are the Current Penalties for Possession of Marijuana in Texas?
For up to two ounces, the penalty for possession of marijuana in Texas is currently 180 days in jail. Along with a $2000 fine, that makes a very hefty charge for up to two ounces of the drug. Here is a breakdown of the current penalties of marijuana possession in Texas:
- A fine plus a jail sentence for two ounces or less. Texas classifies this as a Class B misdemeanor.
- Possession of two to four ounces of marijuana may result in a fine plus jail time. This is classified as a Class A misdemeanor.
- If you are caught with four ounces up to five pounds, it’s considered a state felony. You could be looking at a stiff fine and a state jail sentence.
- Possession of 5-50 pounds is considered a 3rd-degree felony, punishable by a fine plus a prison sentence.
- If you are caught with 50 pounds to 2000 pounds, that’s a 2nd-degree felony. You’re looking at a prison sentence along with a fine.
- Anything over 2000 pounds? That’s a 1st-degree felony. For that, you could face a severe prison sentence plus a fine. The exact sentence could vary based on your case, but it ranges from 5-99 years to life.
As you can see above, as Texas law currently stands, if convicted, you could face some form of incarceration.
What Is the Likely Outcome for a First-Time Marijuana Charge in Texas?
If this is your first charge and you are accused of possessing less than two ounces of marijuana, you may be able to have your case dismissed. It depends on the factors surrounding your case.
You may be able to negotiate an agreement to go into a drug treatment program. Another possibility is doing community service.
Stay out of trouble for the length of community service or your stay at a treatment center, and you might be able to have your charges dismissed.
Is a Stay at a Drug Treatment Center an Option?
If you are an addict, agreeing to go into a drug treatment program is often looked upon favorably by prosecutors. A stay at a treatment center can be part of your plea agreement.
Such an arrangement is a way to avoid criminal charges on your permanent record. None of these options are guaranteed, but for a first-time offense, our defense attorney in Arlington can negotiate with prosecutors.
What Other Factors Can Increase Your Penalties?
Even the smallest amount of marijuana can result in a higher form of punishment. The circumstances surrounding your case could result in higher charges levied against you.
Some of those factors include:
- How much marijuana are you accused of having in your possession?
- Were you arrested in or near a drug-free zone, such as a school?
- Were you in the presence of minors at the time of your arrest?
- Were you driving while intoxicated?
- Were you driving while intoxicated with a child in the car?
- Do you have multiple DWI convictions on your record?
These and other factors could turn a simple case into felony charges, even if it’s your first offense. Having an advocate who understands the law could help you avoid jail time or harsher penalties.
How an Arlington DWI Marijuana Lawyer at Our Firm Can Help
Many people believe that if you are charged with a marijuana DWI, you have no legal options. However, that’s not necessarily the case.
Our team understands the law. After conducting a thorough investigation of your case, we could employ several strategies to use as a defense in court.
Some possible defenses include:
- Did law enforcement conduct an illegal search of your person, premises, or property?
- Were the drugs planted by another person?
- Were you the victim of entrapment by law enforcement?
- Did the drugs belong to another person?
- Was there an error at the crime lab?
Our Firm Has More Than 30 Years of Legal Experience
The Law Offices of Randall B. Isenberg have more than 30 years of legal experience. We will conduct a thorough investigation of your case and determine whether the law enforcement officials making the arrest conducted an illegal search.
Randy Isenberg is a former Senior Chief Felony Prosecutor and State District Trial Judge. He understands better than most defense attorneys the approach prosecutors in your case will take. This experience gives him an edge in obtaining a favorable outcome for your case.
An Arlington Criminal Defense Attorney Recognized for His Accomplishments
The Law Offices of Randall B. Isenberg has been recognized for excellence in the practice of law. Some of Randy Isenberg’s awards and honors include:
- Listed in Martindale-Hubbell’s Bar Register of Preeminent Lawyers
- Selected for inclusion in the list of “Texas Super Lawyers” for the year 2006 printed in Texas Monthly Magazine, a Thomson Reuters service
- Selected for inclusion in the list as a Top Texas Lawyer in 2006 and 2007 by a Thomson Reuters service
- Board Certified in Criminal Defense by the Texas Board of Legal Specialization
- Certified as a Criminal Defense Advocate by the National Board of Trial Advocacy (NBTA)
- A regular TV commentator for local and regional criminal justice issues
Contact the Law Offices of Randall B, Isenberg for a Case Evaluation
Call our offices at (214) 658-1619. We are available 24/7 to evaluate your case and let you know what your legal options are.
At the Law Offices of Randall B. Isenberg, we believe anyone accused of a crime deserves their day in court to defend themselves. We will be your advocate and fight to get you a favorable outcome for your case.
