You might be surprised to find that you can be charged with Driving while intoxicated (DWI) if you are under the influence of controlled substances other than alcohol, such as marijuana. A marijuana DWI could have devastating implications for the rest of your life. However, a criminal defense attorney can fight to reduce or avoid those negative consequences.
A DWI lawyer in Texas can fight for your freedom. At the Law Offices of Randall B. Isenberg, our team is ready to build your defense strategy. Using evidence, witness testimony, and investigations into procedural mistakes by police officers and others involved with your case, we aim to secure a positive outcome for your future.
When Do Marijuana DWI Charges Apply in Flower Mound?
You may be charged with a marijuana DWI if you are impaired by cannabis while operating a motor vehicle. There are no existing tests that can accurately determine whether someone is under the influence of marijuana. However, there may be signs of impairment, including distracted driving, driving under the speed limit, making illegal turns, or other indicators that you are currently under the influence.
For example, if police stopped you for swerving in traffic, and subsequently smelled marijuana from the vehicle, you may be charged with a marijuana DWI. An officer may also issue a field sobriety test to see if you are experiencing motor or cognitive impairment. There is no statute for a marijuana DWI. Instead, the law can be found under Texas Penal Code Section 49.04, the law for driving while intoxicated.
What Happens When You Are Convicted Of a Flower Mound Marijuana DWI?
If you are convicted of a marijuana DWI in Flower Mound, the impact could be severe. There is a wide range of criminal penalties that could be imposed as part of your sentencing. Some of these penalties could include:
- A maximum of 10 years in a Texas county jail or state prison
- Fines as high as $10,000
- A license suspension or revocation lasting a maximum of two years
Your blood alcohol concentration (BAC) levels, number of prior DWI convictions, and other factors can all contribute to whether you are charged with misdemeanor marijuana DWI or felony marijuana DWI charges, as marijuana DWIs are often considered “wobbler offenses.” This means if there are aggravating factors present (such as an accident that caused an injury), it is more likely that you will be charged with a felony as opposed to a misdemeanor.
Other criminal penalties associated with marijuana DWI convictions in Flower Mound include:
- Completion of a drug or alcohol treatment program
- Installation of an ignition interlock device (IID)
- Vehicle impoundment
- Court-ordered community service hours
- Completion of a DWI education program
- Court-ordered mental health counseling
Your Life Will Be Negatively Affected By a Guilty Verdict
You should also prepare for the impact a marijuana DWI conviction will have on your life in general. Once you have a DWI on your record, it will remain there permanently, as DWIs are not eligible for expungement in the state of Texas.
This means anytime you need to have your background checked for a job, housing, or other potential opportunities, your conviction will appear on your record. This means you may be passed over for these opportunities and stuck figuring out how you are going to move forward with your life.
You may also be at risk of child visitation or custody issues, deportation, disqualification from federal student aid, trouble finding safe or affordable housing, and other collateral penalties. If you hope to avoid these consequences, clearing your name of the marijuana DWI allegations will be of utmost importance.
Potential Defenses Against Marijuana DWIs in Flower Mound
Preparing your defense strategy is one of our top responsibilities after taking on your case. If you are not eligible for a pretrial diversion program or the prosecutor is unwilling to work with you to obtain a plea agreement, presenting your defense in court may be your best opportunity to dodge a conviction.
Here are some defenses used to challenge marijuana DWIs:
Mistake of Fact
Mistake of fact is a defense strategy used to show that a defendant does not have the intent to commit a criminal offense. Either you did not understand the law at hand or lacked the intent to commit a criminal offense. Here, you may lack the mental capacity to be convicted of the offense, as you did not understand the law.
Lab Mistakes
Since there is no formal testing that should be held up in court to prove someone was under the influence of marijuana at the time of a stop, any forensic evidence that may have been obtained against you should be tossed out.
For example, if you were given a drug test, this drug test would only indicate the presence of marijuana. It would not indicate whether you were impaired at the time you were stopped by law enforcement officials.
Furthermore, if certain types of lab evidence are used against you, your attorney may be able to question whether laboratory officials made mistakes in the handling of the evidence or conducting the laboratory tests as ordered.
Rights Violations
If those responsible for your arrest didn’t respect your constitutional rights, your attorneys may argue that your charges should be dropped. If you’re unsure about whether your rights were violated during your stop, search, arrest, or detainment, a lawyer can help.
Client Reviews and Testimonials
Here are some of our most recent client reviews for our marijuana DWI lawyers in Flower Mound, TX:
“I had a thousand fears and a thousand questions. 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.
“I am very grateful for the services that my family received from this Law Office…this was not an easy case but they listened and worked hard to get my son a satisfactory outcome that he may of not gotten with a different attorney. This office cares about their clients. Thank you, I will always refer this office to anyone that ask.”
-KS
Secure a Marijuana DWI Lawyer in Flower Mound for Help Today
It is important to take the marijuana DWI charges against you seriously. If you are convicted, your entire life may be changed forever. For this reason, your attorneys will use all the experience, resources, and tools at their disposal to clear your name.
When you are ready to start working on your defense, do not hesitate to contact our team for a Flower Mound marijuana DWI lawyer at the Law Offices of Randall B. Isenberg. You can reach us through our secured contact form or by phone to schedule your confidential case evaluation today.
