Regardless of which substance resulted in your arrest by the police for driving while intoxicated (DWI) in Mesquite, TX, you will be subject to the same charges, fines, and penalties. If you have been arrested and charged with DWI marijuana, contact the Law Offices of Randall B. Isenberg for a no-cost case evaluation at (214) 696-9253.
Marijuana usage is illegal in the state of Texas. Although this may change in the future, it will not affect DWI laws. If your driving is impaired because of smoking or ingesting marijuana, you will be stopped and arrested by law enforcement.
The Effects of Marijuana
Ingesting or smoking marijuana and getting behind the wheel of a car can be very dangerous. The effects of a specific drug on your driving skills depending on how the drug affects your brain. According to the National Institute on Drug Abuse, marijuana’s effects on your body include:
- Vision distortion
- An inability to focus
- An inability to correctly judge distance
- Slowing of your reaction time
If marijuana is combined with other recreational drugs, prescription drugs, or alcohol, driving becomes extremely risky.
The Difference Between Driving Drunk and DWI Marijuana
If you are stopped for DWI due to alcohol impairment, you will be asked to submit to sobriety tests, including breath and/or blood tests. If your test results show that your blood alcohol concentration (BAC) was 0.08 or over, your license will be taken from you. You will also face a civil administrative license revocation (ALR) hearing regarding the suspension of your driver’s license as well as a criminal hearing.
The Texas Department of Transportation upholds the consequences for DWI marijuana. However, you can be convicted for DWI marijuana with any amount of THC in your test specimen.
If this is your first conviction for DWI or DWI marijuana, you may face:
- A class B misdemeanor
- Up to a $2,000 fine
- There is no mandatory minimum jail time, but you can be incarcerated for 72 to 180 days.
- 24 to 100 hours of community service (as outlined in Article 42A.001)
- Up to 12 months suspension of your driver’s license
If this is your second conviction for DWI or DWI marijuana, you may face:
- A class A misdemeanor
- Up to a $4,000 fine
- There is a minimum jail time of 72 hours upon conviction, which can be extended to 12 months.
- 80 to 200 hours of community service
- 6 months to 2 years suspension of your driver’s license
If this is your third or more conviction, the penalties are more severe with additional suspension time on your driver’s license to incarceration in a state prison. Furthermore, a DWI-related accident where people are injured becomes a felony, and a conviction on a DWI charge with an accident can never be sealed.
Call the Law Offices of Randall B. Isenberg at (214) 696-9253 for a free case evaluation with a DWI marijuana lawyer in Mesquite.
Possible Defenses to a DWI Marijuana Charge
Criminal attorneys can defend your charges depending on the circumstances and facts of your case. Your DWI marijuana lawyer in Mesquite will know what evidence the state prosecution has against you when he or she attends the ALR hearing with you. Knowing what evidence the prosecution has will help your attorney strategically build your defense in the criminal trial. Your lawyer will also get the opportunity to question the arresting officer in your case at the ALR hearing.
Some questions that DWI attorneys commonly investigate include:
- Did law enforcement have probable cause to arrest you?
- Was the breath machine calibrated correctly? Was your blood taken properly? Was the sample stored properly?
- Was law enforcement properly trained to administer the test?
- Did you have a medical condition that may have skewed the results of the blood or breath test? Was the condition, rather than the marijuana, responsible for your erratic driving? Do you wear a dental appliance that prevented the test from being properly administered?
- Was the officer’s report accurate?
- Were there any witnesses who saw you before the arrest and can attest to your sobriety?
Your Lawyer is on Your Side
Being arrested for DWI marijuana in Mesquite, TX, is a stressful and disturbing experience. Being arrested, however, is not the same thing as being convicted. Speak with a DWI marijuana lawyer in Mesquite from the Law Offices of Randall B. Isenberg at (214) 696-9253 today. Attorney Randall Isenberg knows what to do to help you. His over 30 years of experience as a former state judge and chief felony prosecutor gives him a comprehensive understanding of the criminal law process. Call us today.