Getting behind the wheel while under the influence of marijuana presents a complicated situation when the police stop you. When facing this situation, you have the right to retain a Grand Prairie DWI marijuana lawyer from the Law Offices of Randall B. Isenberg to support you in court. Call us at (214) 696-9253 to get started on your case.
Understanding DWI Laws in Texas
Most people have a misconception that DWI relates only to alcohol. Sec. 49.04 of Texas Penal Code defines DWI as the “operation of a motor vehicle in a public place while intoxicated”. You will have lost your rational, physical, and mental faculties to meet the legal threshold of intoxication because of the effects of alcohol, illicit drugs, or other controlled substances.
When a police officer pulls you over on suspicion of a DWI, the officer can subject you to a field sobriety test or a chemical test. You can refuse to take any of these tests without facing arrest. However, refusing DWI testing might attract some penalties, such as a 180-day suspension of your driving license.
When you are arrested for DWI, the Administrative License Revocation (ALR) is triggered, according to the Texas Department of Public Safety. You have “20 days from the date the suspension notice is mailed to request a hearing to contest your driver license suspension.” Your lawyer can represent you at your ALR hearing. Furthermore, You may be eligible to apply for an occupational license to drive a non-commercial motor vehicle while your driver license is suspended.” This way, you may still be able to get to work during your legal fight.
Marijuana DWI Penalties in Texas
The consequences of driving while under the influence of marijuana are the same as those involving alcohol. The severity of penalties will depend on previous convictions, such as:
- Having more than one incident of DWI convictions in your life
- A history of a DWI with a minor of less than 14 years in your car
- Assaulting someone or causing a wrongful death due to intoxication
- Causing a DWI accident that resulted in death or severe personal injuries to the victims
A Grand Prairie DWI marijuana lawyer can help you to avoid or reduce penalties. Call the Law Offices of Randall B. Isenberg at (214) 696-9253 for more information.
Possession of Marijuana
Possession of marijuana charges can follow DWI charges. Texas is among the states with the harshest penalties for marijuana possession in the US.
The amount of cannabis found in your possession dictates the severity of the charges leveled against you. A lawyer can speak with you to determine the exact repercussions for your charge.
If you are charged with both DWI and marijuana possession in Grand Prairie, a DWI marijuana lawyer can help you defend your rights and potentially lessen or waive your penalties. For instance, we can advocate for community supervision under Ch. 42A of the Texas Code of Criminal Procedure or house arrest.
We have defended clients with harsh marijuana charges before. We are prepared to analyze the crime scene to find evidence to support your testimony. It is illegal to grow, possess, or process marijuana under Texas Law. However, under the state’s Compassionate Use Law, you may be able to utilize cannabis for an approved medical reason. If this exception applies to you, your lawyer will compile all evidence to prove that is the case in order to support your testimony and fight your charges.
Insight Into Marijuana and Chemical Tests
The most common DWI chemical test for alcohol is a breathalyzer. This test aims to gauge the quantity of alcohol in your body. However, the law enforcement officer cannot use a breathalyzer to determine the amount of marijuana in a person’s system. Blood and urine tests may be used for determining the presence of marijuana in the body.
Contact the Law Offices of Randall B. Isenberg Today
If you drive a vehicle while intoxicated from any drug, whether illegal or controlled, it is a severe crime in Texas. As such, you may want to retain a DWI marijuana lawyer to ensure all your rights are protected.
If you are facing a DWI marijuana charge in Grand Prairie or other parts of Texas, contact the Law Offices of Randall B. Isenberg today. Our primary objective is to defend your constitutional rights and protect you from the harsh penalties of a marijuana DWI. Call us at (214) 696-9253 for a consultation. A Grand Prairie DWI marijuana lawyer might be able to help you.
The Texas State Law Library states that “Sections 481.120 and 481.121 make delivery and possession of marijuana a criminal offense. You do not have to fight against your charges forever, as the consequences can be life-changing. We know that marijuana can be detected in a person’s system weeks or months after use. This—and any potential misconduct or incorrect procedural task completed by the police during your blood or urine testing, arrest, or detainment—may present an opportunity for your legal counsel to waive your charges.
Our team represents all kinds of individuals, including those whose cases pertain to:
- Domestic violence
- Traffic and moving violations
- Weapons offenses
- Probation violation
Call our team today so we can get started on your defense. There may be timelines in place that limit how long you have to take legal action. We want to help you work within those timelines to fight for your rights.