If you consume marijuana and then drive a vehicle in Sachse, Texas, you risk being stopped and charged with a DWI (Driving While Intoxicated/Impaired). DWIs are not just for alcohol impairment. In Texas, the recreational use of marijuana is illegal. In limited circumstances, some marijuana-derived products may be legal for use, but the state may still charge you with a DWI if you are considered impaired while operating a vehicle after use.
The legal ramifications of consuming marijuana or its derivations in Texas can be complicated. The Sachse DWI marijuana lawyers from the Law Offices of Randall B. Isenberg don’t shy away from a fight and will vigorously defend your rights. Our DWI lawyers can build your defense and fight for the best possible outcome in your case.
Marijuana and the Law in Sachse, Texas
Marijuana use is illegal in Texas. Hemp and products from hemp are legal as long as the product has a delta-9 tetrahydrocannabinol (THC) concentration of 0.3% or less. THC is the psychoactive component of marijuana.
If the THC concentration is 0.3% or less, it’s considered hemp. If it’s more than 0.3%, it’s considered marijuana.
- Cannabidiol (CBD) from hemp contains no chemicals that can get you high and is legal for personal use.
- Hemp is legal to have, buy, and sell, but you cannot process or manufacture hemp products.
- Medical cannabis oil with less than 1% THC may be used for certain conditions on a limited basis.
- Delta-8 THC is legal for now, but the question of it remaining legal is making its way through the courts.
Driving while impaired may bring a host of charges, depending on multiple factors. Our attorneys understand the complicated marijuana laws in Texas. We will use all of our accumulated knowledge to defend you if you are charged.
How Marijuana Laws Can Affect Your Case
If you are arrested for driving while impaired, the potential charges, the severity of the charges, and any penalties assigned may depend partially on the following:
- Did you have any marijuana or marijuana concentrates (such as hashish) on you or in the vehicle? If so, how much?
- Did you have an accident with another vehicle or cause property damage while driving?
- Were any minors in your vehicle or involved in the accident while you were driving?
- Were you in the process of selling or delivering marijuana to a buyer?
- Did you have any paraphernalia related to the use or sale of marijuana on you or in your vehicle, such as pipes or weight scales?
The marijuana laws in Texas are strict and ever-changing. Currently, this is how the law breaks down:
- Drug penalties are sorted by group: 1, 1-A, 2, 3, and 4. Marijuana is a group 2 substance.
- Misdemeanors are classed as A, B, or C.
- Felonies are classified by degree, third, second, and first
For example, a class C misdemeanor would be possessing paraphernalia, such as pipes, with a maximum fine of $500. A first-degree felony would be possessing over 2,000 lbs of marijuana, with a maximum fine of $50,000 and a maximum sentence of 99 years. Your penalty for a DWI could range from a misdemeanor to a felony with the chance of a lifelong criminal record, depending on the final charges and outcome of your case.
Evidence in a Marijuana DWI Case
Breathalyzers do not detect marijuana. If you’re stopped and suspected of impaired driving but pass a Breathalyzer, police officers may use other means to determine impairment. It’s important to note that while testing may determine if you have used marijuana in the past days, weeks, or months, it does not determine if you are currently impaired. Tests include:
- Urine tests, which detect marijuana a few days after use and up to several weeks, depending on how often you consume it
- Saliva tests, which detect marijuana up to 24 hours after use
- Blood tests, which detect marijuana up to a week after use
- Hair tests, which detect marijuana up to 3 months after use
- Field sobriety test, which is done by police officers during a traffic stop or when responding to an accident to look at your body coordination and balance.
You may have used marijuana while in New Mexico, where it is legal to do so, then traveled to Texas 18 hours later, where you were stopped for a suspected DWI. A saliva test may show recent use, but not necessarily impairment, from a legal standpoint. Our attorneys will review your case with you to understand what happened and what your legal outlook may be.
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What Our Marijuana Attorneys Can Do For You
The Law Offices of Randall B. Isenberg draw on more than 30 years of legal service by Randall B. Isenberg as a state district judge, prosecutor, and attorney to provide representation unique to you and your case.
- Initially, our attorneys present a free, thorough case review to determine logical next steps for your case.
- If you determine that you would like us to move forward, our investigators break down the case against you, seeking to look at all of the evidence to make our own determinations after exhaustive research as to what is accurate and what is faulty.
- Our attorneys and staff communicate with you regularly about your case and on your behalf with agencies and others involved in your case; we negotiate if appropriate; we prepare for trial if necessary, using all of our skills to protect your rights and provide a fierce representation for you.
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What Our Clients Are Saying
Take a look at our client testimonials to get an idea of what it’s like to work with our firm.
- “Thanks Randall for getting my charges reduced. I went from facing decades in prison to probation. I can’t tell you how much that means to me, my wife, and kids. My world was destroyed, and the experience has humbled me to be the best driver I can possibly be. I’ll be happy to refer your law firm to anyone wanting an outstanding attorney.”
- “I contacted the law offices of Randall Isenberg and they did a superb Job with handling my case. Gloria and Colleen are top professionals in there industry. Colleen was able to secure the best defense possible and most favorable terms with in regards to my case. I hope to never get caught under these circumstances but I would wish to be able to return the good deed back to Coleen and Gloria.” —Carlos
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Contact the Law Offices of Randall B. Isenberg for Help With Your DWI Marijuana Case
Our DWI marijuana attorneys want to protect your rights and help you with your defense. Call our office today for a free case review. We are here and ready to help.