Most people might think that the term DWI (driving while intoxicated) automatically refers to drinking alcohol while driving, but in Plano, Texas, you can also be charged with a DWI for driving while intoxicated by drugs like marijuana.
If you are facing charges of driving while intoxicated by marijuana, the damage to your reputation, and the potential to negatively impact your career is serious. A drug-related conviction can limit your career options, limit your ability to maintain driving privileges, and raise your auto insurance rates.
A Plano DWI marijuana lawyer can help mitigate the damage a DWI conviction can cause. Contact the Law Offices of Randall B. Isenberg at (214) 696-9253 if you need guidance and direction after a DWI marijuana charge.
Criminal Penalties and Fines of a DWI Marijuana Conviction
The city of Plano and the state of Texas both take DWIs seriously. The Texas Department of Transportation outlines the following penalties and fines you will face if you are convicted of DWI for either marijuana or alcohol consumption that impairs your ability to safely operate your vehicle. These penalties include:
First DWI Marijuana Offense
- Financial penalties of up to $2,000
- Between three days and six months of jail time
- Loss of driving privileges for up to one year
Second DWI Marijuana Offense
- Financial penalties of up to $4,000
- Between one month and one year of jail time
- Loss of driving privileges for as long as two years
Third DWI Marijuana Offense
- Financial penalties of up to $10,000
- Between two and 10 years of jail time
- Loss of driving privileges for as long as two years
Financial penalties can affect your wallet and your family. They can be especially difficult to manage if the accompanying jail time interrupts or ends your employment. In addition, your ability to transport yourself and your family can disturb family life and lead to added expenses due to rideshare costs.
A Plano DWI marijuana lawyer can help you limit the expenses that come with the loss of your driver’s license. Contact the Law Offices of Randall B. Isenberg at (214) 696-9253 for help limiting the criminal and financial impact of a DWI marijuana conviction.
Your Blood Alcohol Concentration Will Be Measured
In Plano, the officer who pulls you over for suspicion of driving while intoxicated can measure your blood alcohol concentration (BAC) without your consent. If the arresting officer believes your driving is impaired by marijuana use, he will measure your BAC using a breath test and the DRE 12-Step Testing process as outlined by the International Association of Chiefs of Police. The DRE 12-Step Test includes:
- Breath Test Result
- Interview of Arresting Officer
- Preliminary Examination
- Eye Examination
- Divided Attention Tests
- Vital Signs
- Dark Room Checks
- Check for Muscle Tone
- Check for Injection Sites
- Interrogation of Subject/Observations
- Opinion of Evaluator
- Toxicological Sample
Assessing the effects of marijuana use on your ability to drive is complex. A Plano DWI marijuana lawyer can help you challenge the testing method used to determine your intoxication level and the accuracy of your test results.
You Do Not Have to Consent to a Blood Alcohol Concentration Test
You might know that Texas has implied consent laws in place that compel you to take a blood alcohol concentration (BAC) test upon arrest. According to Texas Transportation Code § 724.11, you are deemed to have consented to having your BAC measured if you are arrested for DWI while operating a vehicle on public roads and highways.
Did you also know that you cannot be forced to take a test that measures your BAC without your explicit consent? While you cannot be forced to take the test, refusing to do so carries its own penalties which can include immediate suspension of your driver’s license for up to 180 days, according to Transportation Code § 724.035.
Your Plano DWI marijuana lawyer can help you understand the advantages and disadvantages of having your BAC measured at the time of your arrest.
Avoid Answering Questions Without a Lawyer
When you are arrested for suspected drug intoxication, you should submit calmly and quietly to the arrest. As soon as you are allowed, ask for a lawyer, and avoid saying anything or answering any questions until your lawyer is present.
In fact, you are entitled to remain silent, to have a lawyer with you during any questioning, and to have the state appoint a lawyer to you even if you cannot afford to pay one.
When you arrive at the police station after an arrest, wait for your lawyer to arrive before you answer any questions or make any admissions.
A Plano DWI marijuana lawyer from the Law Offices of Randall B. Isenberg can ensure your rights were adhered to and that you were not interrogated or otherwise questioned after you requested a lawyer. If your lawyer determines that your rights during your arrest were violated, they can take steps to have the charges against you dropped.
Protect Your Name and Reputation After a DWI Marijuana Arrest
Proving you were under the influence of marijuana at the time of your arrest is the responsibility of the state. A Plano DWI marijuana lawyer can help you challenge the state’s purported proof. A successful outcome can save you from expensive fines, possible jail time, and a drug-related criminal record.
When you are facing DWI marijuana charges, contact the Law Offices of Randall B. Isenberg at (214) 696-9253. A member of our team will listen to your version of events and help you to get started building a defense.