It is not in your best interest to rely on lenience from the prosecutor or judge if you get charged with a DWI marijuana in the Kaufman, Texas area. Instead, you will want to do your best to avoid getting a conviction. Working with a Kaufman DWI marijuana lawyer from the very beginning of your case could help.

Some procedural strategies are only available at specific points in the legal process. The founder of our law firm, the Law Offices of Randall B. Isenberg, has served as both a prosecutor and state district judge during his 30+ year legal career. Our criminal defense lawyers fight aggressively and relentlessly for our clients to get the best outcome possible in their individual circumstances. 

Factors Required to Support a DWI Charge in Kaufman, Texas

You can get charged with a DWI in Kaufman, Texas if you get caught driving a motor vehicle in a public place while intoxicated. Texas Penal Code § 49.01 defines “intoxication” as:

(A)  not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or

(B)  having an alcohol concentration of 0.08 or more.

As you can see, you could get charged with a DWI in Texas with a BAC lower than the legal limit. Some people can get buzzed on very little alcohol, so they might be able to pass a breathalyzer even if their alcohol consumption has impacted their ability to drive safely. 

The problem arises when a person gets charged with intoxication based on impairment, rather than having too high an alcohol level, because, unlike alcohol levels in the blood, it is difficult to measure impairment objectively. If the police want to harass you, but they cannot get you for a high BAC level, they might accuse you of having been impaired while driving. 

What Constitutes a Marijuana DWI as Opposed to a Standard DWI

A marijuana DWI is like a standard DWI but with the addition of drugs in the form of marijuana. You might not have much, if any, alcohol in your system when you get charged with a marijuana DWI.

Consider the following hypothetical situation: 

• You get pulled over under suspicion of driving while intoxicated.
• The police officer tells you to blow into the breathalyzer.
• To the officer’s surprise, the breathalyzer shows you have no alcohol in your system or that you do not have enough alcohol in your system for the officer to charge you with a DWI based on your BAC level.
• The officer then charges you with a marijuana DWI, claiming to have smelled marijuana when you opened the window of your car.
• You can get forced to have your blood drawn to test for the presence of marijuana or other drugs. 

In a situation like this, you will want to have a Kaufman DWI marijuana lawyer on your side to fight these charges. There are multiple potential challenges to the officer’s actions. You do not want to plead guilty as charged without a fight.

Penalties for DWI Conviction in Kaufman County, Texas

The Texas Department of Transportation (TxDoT) reports that a person convicted of driving while intoxicated in Texas could face these penalties: 

1. A first offense DWI could result in the loss of one’s driver’s license for up to 1 year, up to 180 days in jail, and a fine of as much as $2,000.
2. If a person gets convicted of a 2nd DWI offense, they could get fined as much as $4,000, have to spend up to 1 year in jail, and lose their driver’s license for up to 2 years.
3. A 3rd DWI conviction could land a person in prison for up to 10 years, get them assessed a fine of up to $10,000, and the loss of their driving privileges for up to 2 years.   

The judge will impose a state fine of $3,000, $4,500, or $6,000 at the sentencing in addition to the fines listed above. 

As if those penalties were not enough, having a DWI conviction on your record can have additional consequences affecting your life long after the day in court. For example:

• You could lose your job if you go to jail because you cannot work while behind bars. 
• Even if the judge does not sentence you to jail time, your boss could fire you for getting convicted of a crime.
• If your job duties include driving, you might not be able to stay employed in that position.
• Getting jobs in the future will be more challenging, particularly if the job you want requires a background check. When a potential employer has two or more similar candidates for one position, they might opt for the candidate without a criminal record. 
• Having a criminal record can carry a social stigma. Long after you pay your fines and serve your jail time or complete your probation, some people will always think of you as a drunk driver or a drug user because of a marijuana DWI conviction.

Our Results for Our DWI Clients

We could tell you how hard we work and what great results we get all day long, but, if we were in your shoes, we would want to know about actual results we have won for our clients. Please feel free to check out our results page to see real-life outcomes we got for our clients. Here are just a few recent examples: 

• We got a client with a DWI placed on Deferred Probation.
• We got a DWI charge reduced to an Obstruction of Roadway.
• We got a 2nd DWI charge reduced to a Class B and placed on Deferred Probation.
• We got a 3rd DWI case reduced to a Misdemeanor. 
• We filed a Motion to Suppress evidence. Our motion was granted, and the judge dismissed the case against our client.
• We got a DWI based on a 0.15 BAC reduced to a Class B. 
• We got our DWI with Open Container client placed on Deferred Probation. 

Litigation is uncertain. The results we can get for any client will depend on the unique circumstances of their situation.

Call Today to Begin Work on Your Case with Our DWI Marijuana Attorney

It is well worth it to do your best to avoid getting a marijuana DWI conviction in Texas. You can reach out to the Law Offices of Randall B. Isenberg today to begin building your defense with our team.

Call or text or complete a Free Case Evaluation form

(214) 696-9253

Getting a conviction for an Under 21 DUI is no way to start out life. The repercussions could haunt you for many years and close doors to you that will change the path of your life. If you get charged with an Under 21 DUI, you will want to work with a Kaufman Under 21 DUI lawyer to fight the charges. The Law Offices of Randall B. Isenberg is on your side.

In Texas, if you are under the age of 21 and operate a motor vehicle after using alcohol or drugs, you could get charged with either a DUI or a DWI. Texas has a zero tolerance for drugs or alcohol in the bloodstream of an underage driver. Any detectable amount of alcohol in the system could support an Under 21 DUI conviction.

Potential Consequences of an Under 21 DUI Conviction in Kaufman County

One simple mistake by you or your child could alter the course of their life path. The Texas Department of Transportation (TxDoT) warns that:

Under 21 Alcohol Possession

If you were even found in the possession of alcohol while under the age of 21, you could have your driver’s license suspended for up to 180 days. The judge could also impose a fine of up to $500, as well as up to 40 hours of community service and mandatory alcohol-awareness classes. 

These penalties are not limited to hard liquor. Beer or wine in any amount could be grounds for these consequences. A defendant who is 17 years or older could get fined up to $2,000. 

Under 21 DUI

The term Under 21 DUI causes confusion because it stands for Under 21 Driving while Under the Influence. You do not actually have to be under the influence of alcohol to get charged with being under the influence of alcohol if you are an underage driver in Texas. Any detectable amount of alcohol in your system could support a conviction of Under 21 Driving Under the Influence (DUI).

For a first offense Under 21 DUI, the judge could impose these penalties:

• A maximum fine of $500.
• Having your driver’s license suspended for 60 days.
• Between 20 and 40 hours of community service.
• Mandatory alcohol awareness classes. 

Second, third, and subsequent offenses all carry increased penalties.

A driver who is 17 or older who gets pulled over under suspicion of driving while intoxicated and shows a blood alcohol concentration (BAC) above the legal limit could face these penalties:

• A maximum fine of $2,000. 
• Suspension of the driver’s license for up to a year. 
• Up to 180 days in jail. 

After the first offense for this driver, the penalties increase.

How an Under 21 DUI or DWI Conviction Can Harm Your Future

It is a popular misconception that you cannot get a DWI unless you are over the age of 21. In fact, if your BAC is 0.08 or higher or the arresting officer believes you are driving while impaired by alcohol, drugs, or a combination of those substances, Texas could charge you with a DWI instead of a DUI.

An Under 21 DWI can mean jail time, thousands of dollars in fines, and losing your driver’s license for up to a year or two. Also, if convicted of an underage DWI, the judge could also sentence you to:

• Alcohol education courses.
• Substance abuse treatment or counseling.
• Community service.
• Having to use an ignition interlock system on your car, which will make it obvious that you got convicted of an alcohol offense.
• Successfully complete probation, which can be lengthy. 

After the court system is done with you, you could still face consequences of the conviction for years. For example: 

• You might not get accepted to the college of your dreams with a criminal conviction on your record. You might have to attend a lower-tier educational institution instead of going to the university with your friends.
• It could be difficult to rent an apartment if you have an alcohol-related offense on your record. Many apartment applications require you to consent to a background check. These background checks usually include the applicant’s criminal record.
• Getting a good job could also be a challenge because competitive positions usually involve background checks. If another candidate for the same position has similar credentials to you but no criminal record, you might get passed over for the job.
• Getting convicted of an alcohol offense carries a social stigma. 

Avoiding These Consequences

The best way to avoid these and other problems is to avoid getting the criminal conviction in the first place. You do not want to fall victim to the mistake of a quiet guilty plea to try to hide what happened. We understand your embarrassment, but pleading guilty in exchange for promises of little or no jail time could come to haunt you when you struggle to get a good job or get into college.   

Instead, you will want to work with a strong Kaufman under 21 DUI lawyer to fight the charges and try to avoid getting the criminal conviction. Our firm’s founder has worked in law for more than 30 years. He has served as both a prosecutor and a state district judge. 

Results Our Lawyers Have Won for Our Clients

On our results page, you can see real-life examples of great outcomes we have won for our clients who were facing alcohol-related charges. From getting charges reduced to Deferred Probation, to getting evidence thrown out and charges dismissed, we have fought and won battles that changed our clients’ lives.

Texas Law on Underage Drinking and Driving

The Texas Department of Public Safety warns that your car could get stopped by the police if a police officer has probable cause or reasonable suspicion of the driver having consumed alcohol. The procedure for minors when the police think the minor has any detectable amount of alcohol in their bloodstream can be:

• The minor can get arrested.
• Their car can get towed.
• The minor can get handcuffed and asked to take a breathalyzer test at a county jail or police station.
• The minor can get transported to a medical facility for a blood test.

Click to contact our Under 21 DUI Lawyers today

(214) 696-9253

Call Now to Learn Your Options

With so many potential negative repercussions to your life if convicted of an Under 21 DUI or DWI, you will want to give yourself a chance to salvage your future. The Law Offices of Randall B. Isenberg can protect your rights and fight hard for the best possible result in your situation.

Call or text or complete a Free Case Evaluation form

(214) 696-9253