Police can arrest you for DWI in Denton County if they believe marijuana impaired your ability to drive safely. Unlike alcohol cases with clear BAC limits, marijuana DWI prosecutions rely on officer observations, field sobriety tests, and blood test results that measure THC levels. These cases are scientifically complex and highly defensible.
Varghese Summersett brings over 100 years of combined criminal defense experience to Denton County marijuana DWI cases. Our team includes Board Certified Criminal Law Specialists and attorneys with prosecutorial backgrounds who understand how the State builds these cases.
We have secured more than 1,600 dismissals and 800 charge reductions across all criminal matters. Our attorneys have tried hundreds of cases before juries and have appeared in national media as legal experts. With a team of 70 legal professionals across four Texas offices, we provide aggressive defense for clients facing marijuana intoxication charges.
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What Makes Marijuana DWI Different From Alcohol DWI?
Marijuana DWI cases present unique challenges. There is no legal limit for THC like the 0.08 BAC standard for alcohol. You cannot be convicted based solely on the presence of marijuana in your system. The prosecution must prove the marijuana actually impaired your ability to operate a motor vehicle safely.
THC metabolites can remain detectable in blood and urine for days or weeks after use, long after any impairing effects have worn off. A positive drug test does not prove you were intoxicated while driving. This creates significant problems for prosecutors who must prove impairment through officer observations and subjective testing methods.
What Is the Legal Definition of Marijuana DWI in Texas?
Under Texas Penal Code § 49.04, driving while intoxicated occurs when a person operates a motor vehicle in a public place while intoxicated. For marijuana cases, intoxication means not having the normal use of mental or physical faculties by reason of the introduction of marijuana into the body.
What Must the State Prove Beyond a Reasonable Doubt?
The prosecution must establish each of these elements beyond a reasonable doubt:
- You operated a motor vehicle
- In a public place
- While intoxicated by marijuana
- The marijuana caused you to lose normal use of your mental or physical faculties
The burden of proof rests entirely on the State. You have no obligation to prove your innocence or explain anything to officers. The prosecution must convince a jury beyond a reasonable doubt that marijuana impaired your driving ability at the specific time you were operating the vehicle.
What Are the Penalties for Marijuana DWI in Denton County?
Marijuana DWI carries the same penalties as alcohol DWI in Texas.
First Offense DWI (Class B Misdemeanor)
- Up to 180 days in jail
- Fine up to $2,000
- Driver’s license suspension up to 1 year
- DWI education program required
- Possible ignition interlock device
- Annual license surcharge for 3 years
Second Offense DWI (Class A Misdemeanor)
- 30 days to 1 year in jail
- Fine up to $4,000
- Driver’s license suspension up to 2 years
- Mandatory ignition interlock as condition of bond and probation
- Annual license surcharge for 3 years
Third or Subsequent Offense DWI (Third Degree Felony)
- 2 to 10 years in prison
- Fine up to $10,000
- Driver’s license suspension up to 2 years
- Permanent felony conviction
How Much Is Bond for Marijuana DWI in Denton County?
Based on an analysis Varghese Summersett completed of over 12,937 bonds set in Denton County in 2025, typical bond amounts for DWI offenses are:
| Offense | Average Bond | Most Common Bond |
|---|---|---|
| First DWI | $2,218.12 | $2,500.00 |
| DWI with Open Container | $2,494.50 | $2,500.00 |
| Second DWI | $8,588.55 | $5,000.00 |
| DWI BAC 0.15 or Higher | $3,551.49 | $2,500.00 |
| Third or More DWI | $21,833.09 | $10,000.00 |
| DWI with Child Passenger | $8,900.00 | $3,500.00 |
Bond amounts for marijuana DWI typically fall within the first offense range unless you have prior DWI convictions or aggravating factors. Judges consider your criminal history, ties to the community, and the specific facts of your case when setting bond.
How Can You Defend Against Marijuana DWI Charges?
Marijuana DWI cases are scientifically complex and create multiple defense opportunities. Unlike alcohol with established impairment levels, marijuana cases rely heavily on subjective observations and flawed testing.
Challenging the Stop
Officers must have reasonable suspicion to stop your vehicle. If the stop was based on a hunch or an unconstitutional reason, any evidence gathered after the illegal stop gets suppressed. We examine dashcam footage, officer reports, and dispatch recordings to identify Fourth Amendment violations.
Attacking Field Sobriety Tests
Standardized field sobriety tests were designed and validated for alcohol impairment, not marijuana. These tests are notoriously unreliable indicators of cannabis intoxication. Medical conditions, nervousness, fatigue, poor weather, and uneven surfaces all affect performance. We challenge the administration and interpretation of these tests.
Questioning Blood Test Results
The presence of THC in your blood does not prove impairment. THC metabolites remain detectable long after psychoactive effects subside. We work with forensic toxicologists who can testify about the limitations of THC testing and the absence of a scientifically validated correlation between THC levels and impairment.
Examining Officer Observations
Officers claim they observed signs of marijuana intoxication like red eyes, dilated pupils, or the odor of marijuana. These observations are subjective and easily explained by other factors. Red eyes can result from allergies, contact lenses, or fatigue. The smell of marijuana may come from passengers or recent exposure without consumption.
Demonstrating Alternative Explanations
Many behaviors officers attribute to marijuana intoxication have innocent explanations. Nervousness during a traffic stop is natural. Difficulty with coordination tests may stem from physical conditions. We investigate medical records, witness statements, and video evidence to establish alternative explanations for your behavior.
Challenging Drug Recognition Expert Opinions
Some cases involve Drug Recognition Experts who claim specialized training in identifying drug impairment. We challenge their methodology, training, and conclusions. The DRE protocol has been criticized as pseudoscience with limited reliability for marijuana detection.
What Is the Legal Process for Marijuana DWI in Denton County?
Arrest and Booking
After arrest, officers take you to the Denton County Jail for booking. You will be photographed, fingerprinted, and placed in a holding cell. Officers may request a blood sample. You have the right to refuse, but refusal triggers an automatic 180-day license suspension.
Magistrate Warning and Bond
Within 48 hours, a magistrate will inform you of the charges and set bond. Once bond is posted, you will be released. Most first-time marijuana DWI defendants receive personal recognizance bonds or bonds in the $2,500 range.
Administrative License Revocation Hearing
You have 15 days from arrest to request an ALR hearing to challenge your license suspension. This is a separate administrative proceeding from your criminal case. Missing this deadline means automatic suspension of your driving privileges.
Arraignment
At arraignment, the court reads the charges and you enter a plea. Most defendants plead not guilty at this stage. The judge may impose conditions of release including ignition interlock devices, drug testing, or abstinence from marijuana.
Discovery and Investigation
Your attorney receives evidence from the prosecution including police reports, dashcam video, blood test results, and witness statements. We conduct our own investigation, interview witnesses, and consult with experts about the scientific evidence.
Pretrial Hearings and Motions
We file motions to suppress evidence, challenge the stop, or exclude unreliable testimony. These hearings occur before trial and can result in dismissal if the judge grants our motions.
Negotiations
We negotiate with prosecutors to seek dismissal, reduction to a lesser charge like obstruction of highway, or favorable plea terms. Strong defenses create leverage for better outcomes.
Trial
If we cannot reach an acceptable resolution, we take your case to trial. You have the right to a jury trial where the State must prove each element beyond a reasonable doubt. Many marijuana DWI cases result in not guilty verdicts when juries understand the scientific limitations of the evidence.
What Should You Do If You Are Arrested for Marijuana DWI in Denton County?
Stay silent. Politely decline to answer questions beyond providing your name and identification. Do not explain where you are coming from, where you smoked marijuana, or when you last used cannabis. These statements will be used against you.
Refuse field sobriety tests. Texas law does not require you to perform roadside gymnastics. These tests are designed for failure and provide officers with evidence to support an arrest. There is no penalty for refusing field sobriety tests.
Consider the blood test decision carefully. Refusing a blood test triggers an automatic 180-day license suspension. However, providing blood gives prosecutors scientific evidence. Your attorney can help you understand the consequences of each choice after reviewing your specific circumstances.
Document everything you can remember. Write down what you consumed, when you consumed it, what the officer said, and how the stop occurred. These details fade quickly and may become important later.
Contact an attorney immediately. Early intervention allows us to preserve evidence, interview witnesses while memories are fresh, and request the ALR hearing within the 15-day deadline. Call Varghese Summersett at (940) 252-2220 for a free consultation about your Denton County marijuana DWI case.
What to Expect From Varghese Summersett
When you hire Varghese Summersett for your Denton County marijuana DWI case, you receive representation from a firm built on criminal defense excellence. Our Board Certified Criminal Law Specialists and experienced trial attorneys analyze every aspect of your case from the legality of the traffic stop through the reliability of blood test results.
We begin with a thorough investigation. Our team reviews dashcam footage, body camera recordings, police reports, and blood test protocols. We interview witnesses, examine the arresting officer’s training and history, and consult with forensic toxicologists about THC testing limitations.
Our attorneys challenge all evidence. We file motions to suppress illegally obtained evidence and motions to exclude unreliable scientific testimony. We depose Drug Recognition Experts and cross-examine officers about their marijuana detection training.
We negotiate from a position of strength. Prosecutors know our reputation for thorough preparation and trial success. When we identify weaknesses in their case, they take our settlement proposals seriously.
If your case goes to trial, you benefit from attorneys who have tried hundreds of criminal cases before juries. We present compelling defense theories supported by expert testimony and scientific evidence. We cross-examine State witnesses effectively and argue persuasively for your acquittal.
Throughout the process, we keep you informed. You will always know where your case stands, what options you have, and what we recommend. Our team returns calls promptly and answers your questions clearly.
You also receive support beyond the courtroom. We help you understand license suspension issues, occupational license applications, and steps to protect your driving privileges. We coordinate with the administrative hearing process and appear at ALR hearings.
Our goal is dismissal, reduction, or acquittal. We have achieved favorable outcomes in thousands of criminal cases through aggressive advocacy and meticulous preparation. Contact us at (940) 252-2220 to discuss your Denton County marijuana DWI case with an attorney who will fight for the best possible result.
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Frequently Asked Questions About Marijuana DWI in Denton County
Can I be convicted of DWI if I have a medical marijuana prescription?
The Texas Compassionate Use Program allows low-THC cannabis oil for limited medical conditions, but driving while impaired by any substance remains illegal. A prescription or medical authorization does not provide a defense to DWI charges.
How long does THC stay in my system?
THC metabolites remain detectable in blood for 1-2 days in occasional users and up to a week or more in regular users. Urine tests can detect THC metabolites for weeks after use. However, the presence of THC does not prove impairment. Your attorney can challenge the relevance of blood test results taken hours after driving.
Will I lose my driver’s license for marijuana DWI?
The Department of Public Safety can suspend your license through the Administrative License Revocation process. You have 15 days from arrest to request an ALR hearing to challenge the suspension. A criminal conviction also results in license suspension. An attorney can help you preserve your driving privileges through occupational licenses and administrative hearings.
Can police force me to take a blood test?
Officers can obtain a warrant for your blood if they establish probable cause. Many police agencies have magistrates available 24/7 to review warrant applications. If you refuse a blood test, officers may pursue a warrant. The warrant process provides an additional opportunity to challenge the evidence later.
What is a Drug Recognition Expert?
A Drug Recognition Expert is an officer who completed training in identifying drug impairment. DREs conduct a 12-step evaluation including pupil measurements, vital signs checks, and divided attention tests. Their conclusions are subjective and often challenged in court. The DRE protocol has significant reliability problems, especially for marijuana detection.
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Protect Your Future. Contact Varghese Summersett Today.
A marijuana DWI arrest in Denton County requires immediate action. The 15-day deadline for requesting your ALR hearing passes quickly, and early investigation preserves evidence that could be lost. Board Certified Criminal Law Specialists and experienced trial attorneys at Varghese Summersett are ready to defend your case. We have secured dismissals, reductions, and acquittals in thousands of criminal matters through aggressive representation and thorough preparation. Call (940) 252-2220 for a free consultation about your marijuana DWI charge. We are available to answer your questions and begin building your defense.
