Driving while intoxicated does not always mean alcohol. When you are physically or mentally impaired, you may be charged with DWI. If you are impaired by marijuana and driving, you could face serious consequences. However, DWI with marijuana is much different than DWI with alcohol. While alcohol intoxication can be tested on-site, marijuana intoxication must be done with an off-site blood test.
If you are charged with DWI due to marijuana intoxication, a Highland Park DWI marijuana lawyer from the Law Offices of Randall B. Isenberg may be able to examine the evidence against you and build a case in your defense.
Contact the Law Offices of Randall B. Isenberg at (214) 696-9253 to schedule your free consultation with a member of our team.
Texas Marijuana Laws
Some states have started allowing medical use of marijuana. In some states, recreational marijuana is legal. However, having marijuana in your possession is a crime in Texas. One exception is the Texas Compassionate-Use Act, or Texas Health and Safety Code § 487. This act allows epilepsy patients in Texas to be treated with low-THC cannabis.
According to Texas Penal Code § 49.04, to be considered intoxicated in a DWI charge, you have to have a blood alcohol concentration (BAC) of 0.08% or higher or be mentally or physically incapacitated.
Testing levels of alcohol is very different from testing levels of marijuana. Blood tests can detect levels of marijuana; however, no set level is considered an impairment. Unlike alcohol, which leaves the blood system, marijuana may stay in the blood system for days or weeks after you have used it.
Evidence in a DWI Marijuana Case
Gathering evidence in a DWI marijuana case is much different than evidence in a DWI alcohol case. With alcohol, testing can be done on-site with a breathalyzer. However, testing for marijuana requires a blood test that gets processed off-site. Proving a DWI marijuana case can be much more subjective.
In order to prove that someone has marijuana in their system, a blood test is required. The prosecution may look at the amount of THC in someone’s system to prove they were intoxicated.
If someone is pulled over for DWI, the responding officer may use how the driver acted to determine if someone was intoxicated. This evidence may be subjective and reliant on the officer’s opinion.
Admission of Guilt
Admission of guilt may be used in a DWI case. However, there can be many different circumstances around the admission of guilt. Pressure and nervousness can cause someone to admit guilt, even if they have done nothing wrong.
Smell and Possession of Marijuana
If the responding officer smells marijuana, they could assume the driver is intoxicated and use this in court. In addition, the possession of marijuana could be used in a DWI case as well, even if the driver has not used marijuana.
If you are facing a DWI marijuana charge, a Highland Park DWI marijuana lawyer from the Law Offices of Randall B. Isenberg may be able to scrutinize the evidence against you and help you fight these charges. Call us today at (214) 696-9253 to see what options may be available to you in a free consultation with a member of our team.
Penalties for DWI
In Texas, the penalties for DWI are the same for marijuana as they are for alcohol. However, DWI with marijuana could come with the additional charge of drug possession since it is illegal to be in possession of marijuana in Texas. The penalties for DWI can vary based on each individual and the circumstances of the charge.
For a first offense DWI, you may be facing anywhere from 3 days to 6 months in jail. However, there is no mandatory minimum jail time. In addition, your driver’s license may be taken from you for up to 1 year, and you may be looking at up to a $2,000 fine.
A second offense DWI fine may increase up to $4,000. Your license may be taken for 2 years, and you may spend between 1 month and 1 year in jail. For your second offense, it is mandatory that you spend at least 3 days in jail.
For a third offense DWI, you may be spending anywhere from 2 to 10 years in prison. The fine may increase up to $10,000, and you may lose your license for up to 2 years.
DWI with a Child
Driving while intoxicated is dangerous in itself. When you have a child in the vehicle, the penalties may increase, no matter if it is your first offense or your third offense. If the child is under 15 years old, you could be facing up to 2 years in jail, up to a $10,000 fine, and losing your license for 6 months.
Injury accidents may increase a misdemeanor charge to a felony in DWI cases. In addition, this can never be sealed from your record.
Contact the Law Offices of Randall B. Isenberg for a Free Consultation
A Highland Park DWI marijuana lawyer from the Law Offices of Randall B. Isenberg can help you fight for your rights in a DWI case. If you were charged with DWI due to marijuana, our team is here to help.
Randall B. Isenberg has a legal career that spans over 30 years and has worked as both a Senior Chief Felony Prosecutor and State District Trial Judge. Today, he puts his experience to use on criminal defense cases.
Call the Law Offices of Randall B. Isenberg today at (214) 696-9253 for a free consultation with a member of our team.