While an alcohol-related driving while intoxicated (DWI) charge can have a serious impact on your life, a drug-related DWI can be just as serious. Along with the harsh penalties and fines, the hidden cost of a permanent criminal record can have severe repercussions on your future.
Despite the national trend towards decriminalizing and legalizing marijuana in many states, Texas still carries harsh penalties for its use and some of the highest arrest rates in the nation, according to the San Antonio Current. The drug is classified as a schedule 1 substance, per the Texas State Board of Pharmacy, and anyone facing a DWI marijuana intoxication charge could face steep fines and possible jail time.
If you have been arrested or charged with a marijuana DWI, contact the Law Offices of Randall B. Isenberg for responsive legal support. A Lewisville DWI marijuana lawyer from our team may be able to provide a serious defense to your drug-related DWI charges, and we offer a free case review where you can discuss your situation. Call today at (214) 696-9253. We can help you determine a suitable course of action.
Marijuana DWI is a Complex Area of the Law
According to ScienceDirect, evidence suggests that exposure to even small tetrahydrocannabinol (THC) concentrations is associated with impaired driving. The higher the level of THC (the psychoactive chemical found in marijuana), the greater the impairment, which affects a driver’s focus, attention span, and reaction time.
Intoxication from drugs is not as clearly defined as drunk driving. For people suspected of drunk driving, breathalyzers provide a quick way to determine sobriety. Yet, there is no similar way to assess if drivers are impaired from marijuana use.
While the University of Texas at Dallas is developing roadside saliva testing kits for THC, Texas police officers’ current testing procedure is the DRE 12-step testing process, as outlined by the International Association of Chiefs of Police.
Unlike drunk driving, Texas has no defining amount of THC to establish marijuana-based intoxication; the prosecution will still need to prove that the cannabis in your system impaired your ability to drive.
A blood test can detect whether or not you have marijuana in your system. The other parts of the DRE test are used to support the officer’s testimony, which is not an exact science and can be countered, depending on your circumstances. However, because decisions about convictions are made on a case-by-case basis, you are still vulnerable to the police officer’s opinion and the prosecution.
You may want to consider legal representation if you are charged with a drug-related DWI in Texas to protect your rights and even the playing field in fierce legal opposition. Discuss your situation with The Law Offices of Randall B. Isenberg by calling (214) 696-9253 today and find out how a Lewisville DWI marijuana lawyer may be able to help you.
Penalties for DWI Cannabis Charges in Texas Are Severe
The penalties you could face with a DWI marijuana conviction will depend on several factors such as:
- If you have any prior DWI convictions
- If there was a minor (under 15) in the vehicle with you at the time you were charged
- If you caused an accident that injured or killed another person
- How much marijuana you had in your possession
Any of the above could increase the punitive nature of the charges; it may be beneficial to hire a Lewisville DWI marijuana attorney to ensure your rights are protected and help you understand the legal options for your particular situation. As a general overview, however, an alcohol or marijuana DWI conviction carries the following penalties, according to the Texas Department of Transportation:
First DWI Offense: Class B Misdemeanor
- A jail sentence ranging from 72 hours to 6 months (with no mandatory minimum jail time)
- Up to $2,000 in fines
- Driver’s license suspension of up to 1 year
Second DWI Offense: Class A Misdemeanor
- A jail sentence ranging from 1 month to 1 year (with a minimum jail time of 72 hours upon conviction)
- Up to $4,000 in fines
- Driver’s license suspension of up to 2 years
Third DWI Offense: Third-Degree Felony
- A jail sentence ranging from 2 to 10 years
- Up to $10,000 in fines
- Driver’s license suspension of up to 2 years
There also hidden costs incurred from a drug-related DWI conviction to consider that can have far-reaching effects on your future. A permanent criminal record can result in reduced employment opportunities, difficulty renting homes or apartments, and restrictions on your eligibility to obtain professional licenses.
You are not alone in facing these charges, and many possible defenses may be used to fight them.
The Law Offices of Randall. B Isenberg: Serious Defense for Serious Charges
The Law Offices of Randall B. Isenberg is here to support you during this stressful time. We understand how impactful a DWI marijuana charge can be on your future and family life.
If you choose to hire us, we will carefully investigate the details of your arrest and review the charges against you. There may be many defenses available that could result in your charges being dismissed or reduced. We may examine the evidence against you to determine:
- If the police officer had cause to pull you over
- The accuracy of any field and chemical tests performed
- How the officer concluded you were driving while intoxicated by marijuana
- The qualifications and training of the arresting officer for DWI marijuana offenses
Randall B. Isenberg has accrued experience built over a thirty-year career as both a former prosecutor and state district judge. The knowledge he imparts onto his legal team provides invaluable insights for DWI marijuana cases.
If your Lewisville DWI marijuana lawyer cannot get charges dismissed, our experience makes us well-placed to potentially build a serious defense to help limit the criminal and financial consequences of a DWI marijuana conviction. Contact us today for practical and trusted advice in free case review at (214) 696-9253.
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