Driving while intoxicated (DWI) is a serious charge in the state of Texas. Driving under the influence of marijuana can be charged as a DWI and may bring significant penalties.
Fortunately, when you want to take steps to protect your future, a Desoto DWI marijuana lawyer at the Law Offices of Randall B. Isenberg can help. We can explore your potential defenses, challenge violations of your rights and proper procedures, and fight to reduce or dismiss your charges.
What Is a Marijuana DWI in Desoto, TX?
According to Texas Penal Code Section 49.01, you can be charged with driving while intoxicated (DWI) anytime you are impaired by a substance and operate a motor vehicle. Although there is no specific statute for marijuana, if your mental or physical state is compromised due to marijuana use, you can be arrested for a DWI.
Although no Breathalyzer or chemical test can determine your impairment levels while under the influence of marijuana, a field sobriety test may show disorientation, impaired body movement, or poor judgment, which may give law enforcement the probable cause they need to arrest you for a marijuana DWI in Desoto.
Penalties Of a DWI Marijuana Conviction in Desoto
The penalties you will face if you are convicted of a marijuana DWI can vary widely depending on several factors, including whether there were children in the vehicle, where the stop occurred, whether you have a criminal record, and other factors.
For example, someone who has been arrested for their first marijuana DWI may face Class B misdemeanor charges. If convicted, you could be ordered to spend up to 180 days in a Dallas county jail. However, if this is your third offense, you are more likely to be charged with a third-degree felony marijuana DWI. If convicted, you can spend up to 10 years in a Texas state prison and be ordered to pay fines as high as $10,000.
Additionally, the court may place you on probation, which comes with its own restrictions. You may need to participate in a drug or alcohol treatment program, agree to attend group therapy or mental health counseling, check in regularly with a probation officer, pay restitution, complete random drug tests, and obtain gainful employment.
What About Collateral Penalties?
Your personal and professional life may be affected if you are found guilty of a marijuana DWI. DWI convictions in the state of Texas are not eligible for expungement. This means this will remain on your record for the rest of your life. When professionals run your background check, your DWI will show up. This could have a devastating impact on your career and limit your opportunities for professional success.
If you are a foreign national, a marijuana DWI could result in immigration issues or deportation. Anyone convicted of a marijuana DWI will lose their rights to federal student aid, potentially lose their gun rights, and face child custody or visitation issues.
If you are hoping to avoid the severe implications that come with a Marijuana DWI conviction in Desoto, it may benefit you to get a criminal defense attorney on your side.
How to Defend Against Desoto Marijuana DWI Charges
If you are hoping to dodge the fallout of a marijuana DWI conviction in Desoto, be sure to discuss your potential defense options with your criminal defense lawyer.
Is Pretrial Diversion an Option?
If you are a first-time offender and no one was injured due to the marijuana DWI in your case, the state’s prosecutor may allow you to enter a pretrial diversion program.
If you complete the terms of your pretrial diversion program, the prosecutor will reduce your charges or dismiss the case against you entirely. Unfortunately, if you enter a pretrial diversion program and do not complete the terms, you can expect the prosecutor to move forward with the DWI charges against you.
Potential Marijuana DWI Defenses
If this is not your first time being charged with a DWI or marijuana DWI, you may not be eligible for pretrial diversion. You may need to be prepared to defend yourself at trial if you hope to avoid a conviction.
We could use several defenses to challenge the marijuana DWI accusations against you. Some examples include:
- Lack of probable cause
- Insufficient evidence
- Laboratory mistakes or errors
- Police misconduct
- Inaccurate drug test results
- Unlawful stop
- Illegal search and seizure
- Constitutional rights violations
We May Be Able to Negotiate a Lesser Charge or Sentence
While the words “plea deal” may seem scary, attorneys use plea deals regularly to secure lower charges and reduced penalties for their clients. Depending on the strength of the prosecution’s case against you, a plea deal may be your best option for avoiding some of the more severe penalties of a DWI conviction.
Your attorneys will work with you to develop the best strategy for your circumstances. Each case differs, but your representatives will work hard to secure the best outcome for your situation.
Client Reviews and Testimonials For Our DWI Marijuana Lawyers
Here is what some of our former clients think about the legal representation they received from the Law Offices of Randall B. Isenberg:
“Simply the best criminal defense lawyer in Texas! We hired him to represent our family on a felony case that not only could have had my father behind bars for the rest of his life but could of taken the most vital member of our family from us. From day one he guided us, advised us and walked with us until the very end. He was genuine and cared for our family’s well being and always represented us having our best interest at heart.
He had the charges dropped to a lower offense and after probationary compliance the case was dismissed returning our peace. I can honestly say my family is happy and together today because of this man and his caring and amazing team. Everyone cares and works hard to get justice done at this firm– always responsive and diligent with his clients.”
-Nuria Garcia
Meet With a DWI Marijuana Lawyer in Desoto to Discuss Your Defense Today
A DWI marijuana conviction could have a lasting impact on your life. For this reason, you must take steps to craft a compelling defense so you can avoid these penalties.
Find out more when you contact a Desoto DWI marijuana lawyer at the Law Offices of Randall B. Isenberg for a confidential case review. You can reach us through our secured contact form or by phone to get started on your defense strategy.
