In Texas, a driving while intoxicated (DWI) charge involving marijuana carries the same penalties as a charge involving alcohol. You could go to jail, pay a fine, or lose your driver’s license. Worse, just like a convicted drunk driver, you could end up with a conviction on your record that follows you for the rest of your life, potentially impacting your ability to obtain car insurance, an apartment, or a job. Even potential business partners may be able to run a simple online background check and see your criminal conviction.
A McKinney DWI marijuana lawyer from the Law Offices of Randall B. Isenberg can help you fight the charges, avoid a conviction, and stay out of jail. We will defend you to help you keep your license and avoid a criminal record that might hold you back from a successful future. We have helped many clients accused of a DWI involving marijuana move past the charges and get on with their lives, and we want to help you, too. We offer a free consultation, which involves an assessment of the charges against you and going over possible defense strategies.
To learn more about the criminal defense team at the Law Offices of Randall B. Isenberg and how we can help you fight your DWI marijuana charge in McKinney, call us today at (214) 696-9253.
The Penalties for a DWI Marijuana Conviction in McKinney, TX
Texas takes both marijuana possession and driving while intoxicated (DWI) very seriously, imposing harsh penalties for both, even on the first conviction. Unlike many states across the country, Texas has not legalized or even decriminalized marijuana for recreational use. You can still get arrested and sentenced to jail for simple marijuana possession. If you are convicted of driving under the influence of marijuana, you may face the same penalties as a convicted drunk driver.
A McKinney DWI marijuana lawyer from the Law Offices of Randall B. Isenberg may help you fight the charges to avoid a conviction. What is at stake? According to the Texas Department of Transportation (DOT), here are the possible penalties for a DWI involving marijuana conviction in Texas:
A first offense DWI conviction in Texas carries possible jail time of 72 hours to 6 months jail time (though there is no mandatory minimum), the loss of your driver license for up to one year, and a fine of up to $2,000.
A second offense DWI conviction in Texas carries possible jail time of 30 days to one year (with a mandatory minimum of three days), the loss of your driver license for up to two years, and a fine of up to $4,000. If your DWI marijuana charge also involves alcohol intoxication, you may also be required to install an interlock ignition switch on your vehicle as a condition for your license to be reinstated. This device prevents the vehicle from starting if your blood alcohol concentration (BAC), as measured by a breath test, is higher than the 0.08 legal limit.
Third or Subsequent Offense
If you are convicted of DWI in Texas for a third or subsequent time, you could face penalties that include two to 10 years in prison, the loss of your driver license for up to two years, and a fine of up to $10,000. You may also be required to install an ignition interlock device if your DWI charge involves alcohol.
Marijuana possession is typically a misdemeanor in Texas, though it can get bumped up to a felony very easily. This increase can occur if a person is convicted of carrying more than a certain quantity of the substance. If the arresting officers allege that they found marijuana in your vehicle during your traffic stop, you may face a marijuana possession charge on top of a DWI.
In addition to those penalties, if you are charged with DWI in an accident with injuries, it elevates the charge from a misdemeanor to a felony, and you can never get your record sealed if convicted. Also, if you have a BAC of 0.15 or higher, it raises the charge from a class B to a class A misdemeanor.
For assistance with your DWI marijuana charges, reach out to the Law Offices of Randall B. Isenberg at (214) 696-9253 today.
The Law Offices of Randall B. Isenberg May Defend You
The McKinney DWI marijuana lawyers at the Law Offices of Randall B. Isenberg may be able to craft a defense against the charges you are facing. Depending on the circumstances of your arrest, we might elect to pursue one or more of the following defense strategies:
If we believe the prosecution’s case is weak and lacks evidence, we may be able to persuade them to drop the charges before trial by convincing them that going forward with such an unlikely chance of winning would be a waste of the state’s resources.
Not Guilty Plea at Trial
We might elect to enter a not guilty plea at trial if we believe the prosecution’s case has enough holes and inconsistencies that we can exploit to create reasonable doubt, which is all that is needed for an acquittal.
If the prosecution’s case is strong, we might choose to offer a plea bargain, as presented here by the Legal Information Institute (LII). You agree to plead guilty to a lesser charge that does not carry the same penalties and does not force you to give up your license, such as reckless driving.
For a Free DWI Marijuana Defense Consultation in McKinney, Call the Law Offices of Randall B. Isenberg Today
A McKinney DWI marijuana lawyer from the Law Offices of Randall B. Isenberg can defend you against the charges you are facing and help you move on with your life. We can get to work right away to build your defense. For a free consultation with a member of our team, call us at (214) 696-9253.