The use of marijuana is illegal in Texas. Although there is support for legalization, if you are found to be driving under the influence of this controlled substance, you could face legal ramifications.
You can be charged with driving while intoxicated (DWI), even if you were operating a vehicle under the influence of a legal substance, such as a prescribed medication. In Texas, impaired driving is taken seriously. If you are convicted of a marijuana DWI charge, you could face jail time, hefty fines, and suspension of your license. In the long run, you could face difficulties applying for housing, schooling, and employment opportunities.
Fortunately, there are ways to have DWI charges reduced or dismissed. A Denton marijuana lawyer from the Law Offices of Randall B. Isenberg can review the facts of your situation and implement a defense strategy on your behalf. We can determine whether the charges against you are legitimate or if your arrest was conducted in good faith. Our goal is to help put this mistake behind you.
To begin a free, no-obligation consultation, call us today at (214) 696-9253.
Texas DWI Laws Forbid Marijuana Use While Driving
According to Texas Penal Code §49.01(2)(a), drivers can be charged with a DWI if they do not have normal use of their mental or physical faculties due to using marijuana. If any amount of marijuana is found in a driver’s possession, it can be used as evidence to support a DWI charge, even if you were not actively under the influence of the drug. Not only could you be charged with a DWI, but if you were found to be in possession of marijuana, you may also be facing additional charges as well.
According to Texas Transportation Code §724.011(a), if you are stopped by a law enforcement officer and refuse to give a test that measures your sobriety, this could implicate you. The refusal could result in the suspension of your license or a subsequent conviction.
Proving Marijuana Impairment
For the prosecution to convict you, they will need to use evidence to show that you were driving under the influence of marijuana at the time of your arrest. However, unlike for alcohol, where a .08% blood alcohol concentration level is considered the legal limit, there is no such threshold for marijuana use. If you have smoked or ingested any amount of marijuana, and then get behind the wheel of any vehicle, you could be charged with a DWI.
For the charges against you to be dropped or reduced, your Denton DWI marijuana lawyer will need to investigate the details of your arrest.
Some of the elements of your case that your lawyer will review include:
- What actions led to you being pulled over by a police officer
- Whether you were under the influence of marijuana at the time of your arrest
- Whether your actions resulted in an accident
- How the police officer concluded that you were driving under the influence of marijuana
- Whether you were in possession of marijuana at the time of your arrest
- The results of any field tests you were asked to undergo
Your legal team will take additional information into consideration when reviewing the charges against you. The outcome of your case will ultimately rest on the details of your case.
Penalties for DWI Conviction
Texas views driving under the influence of alcohol and driving under the influence of marijuana very similarly. The penalties you face will, again, rest on the details of your situation. For example, if you were driving under the influence with a minor child in the vehicle, the consequences you face will likely be elevated, since you were purposefully endangering the child’s welfare.
According to the Texas Department of Transportation, the charges you could be facing along with their associated penalties are as follows:
First Offense
If this is your first time being charged with a DWI, you could be facing:
- A fine of up to $2,000
- Anywhere from three to 180 days in jail
- The loss of your driving privileges for up to a year
You may also be asked to complete community service.
Second Offense
If this is your second time facing a DWI conviction, you could be looking at:
- A fine no more than $4,000
- Anywhere from a month to a year in jail
- The loss of your license for up to two years
- A DWI conviction could also result in you being asked to complete community service.
- Third Offense
- If this is your third time facing conviction for a DWI, some penalties include:
- A $10,000 fine
- Two to 10 years in prison
- The loss of your license for up to two years
You could be facing additional or different penalties to the ones we have listed above. As we mentioned earlier, if you are found to be driving under the influence of marijuana, you could be facing additional charges as well. You could be facing charges for reckless driving, child endangerment, or drug possession.
After reviewing the possible consequences, you should consider legal representation. While you are allowed to advocate for your legal rights pro se, you likely do not want to take any actions that could jeopardize your future. A Denton DWI marijuana lawyer can assess the charges against you and advise you on your legal options.
To begin a free consultation, call the Law Offices of Randall B. Isenberg today at (214) 696-9253.
Fight For Your Legal Rights Today
At the Law Offices of Randall B. Isenberg, we know how important it is to avoid a DWI marijuana conviction. There are many approaches a Denton DWI marijuana lawyer can take to get your charges reduced or dismissed.
Some of these approaches include:
- Reviewing the evidence against you, including the police report
- Determining whether your arrest was legitimately conducted
- Examining your criminal record to determine a course of action
- Advising you on your legal options so that you do not incriminate yourself
- Reviewing Texas law and legal precedent to benefit your case
- Advocating for your legal rights and protections
Our founding partner, Randall B. Isenberg, once served as a former prosecutor and state district judge. He imparts his knowledge onto his legal team, which grants them insight into your case.
You do not have to go through the legal process alone. To learn more, call the Law Offices of Randall B. Isenberg today at (214) 696-9253.
