In Texas, it is illegal to drive high on marijuana. If an officer stops a motorist and suspects he or she is impaired from smoking or ingesting weed, the driver can be arrested for Driving While Intoxicated.
Additionally, if the officer finds marijuana in the vehicle or on the driver, the officer may also pursue a possession of marijuana charge. In Texas, it is still illegal to have a usable quantity of marijuana, which is generally three-tenths of a gram and higher.
Even so, prosecutors in many jurisdictions are choosing not to prosecute low-level possession of marijuana cases because of a change in the law that requires them to prove the THC concentration was .03 percent or greater.
In these scenarios, prosecutors may use the possession of marijuana to bolster their DWI-marijuana charge.
If you have been accused of operating a vehicle while under the influence of marijuana, it is your best interest to enlist the help of an experienced Grapevine marijuana DWI lawyer. Drug and alcohol related offenses can have far-reaching consequences in and out of the courtroom. Our skilled team of attorneys have a reputation for relentless criminal defense and can improve your chances of a favorable outcome.
Charges for a Marijuana-Related DWI
Under Texas law, motorists can be charged with driving while intoxicated if they do not have the normal use of their mental of physical faculties due to the consumption of alcohol or drugs or any other substance. This includes marijuana.
A marijuana-related DWI is a Class B misdemeanor, punishable by up to 180 days in jail and up to a $2,000 fine. If there was a child passenger in the vehicle, it could be charged as a state jail felony, punishable by six months to two years in a state jail facility and up to a $10,000 fine.
It is unlikely to see an intoxication assault, intoxication manslaughter, or felony DWI repetition case based solely on marijuana.
If your DWI stems from marijuana consumption or a combination of marijuana and alcohol or other drugs, it’s important to contact an attorney with experience handling intoxication crimes. Our Grapevine lawyers have decades of experience and a record of exception results. We will work to minimize or prevent marijuana-related DWI penalties.
How Are Marijuana DWI Cases Different from Alcohol-Based Cases?
Our Grapevine attorneys handle Marijuana DWI cases differently than other DWI cases because marijuana does not affect the body the same way as alcohol or other drugs. DWI cases based on marijuana are rare, and that’s because drivers don’t display the same signs of intoxication created by other drugs or alcohol.
In fact, officers arrest most people for DWI-marijuana only after they smell marijuana and then find the drug after a search of the vehicle. That in turn, may lead to field sobriety and a blood test.
Important Evidence
The biggest difference between a marijuana DWI case and alcohol-based cases is the field investigation. When a drug recognition expert is on the scene, they administer field sobriety tests that are different from a typical DWI. The blood tests are also different. In DWI cases involving marijuana, blood is analyzed for THC and the THC metabolite, as opposed to the typical blood test for ethyl alcohol in the person’s blood.
Prosecution Theories
In a DWI case involving marijuana, the prosecution can have only one of two theories:
- that the driver was not normal mentally due to the introduction of THC into the suspect’s blood; or
- that the driver was not normal physically due to the introduction of THC into their blood.
There is no numerical value that the state can proceed on in Texas for a DWI based on marijuana.
Importance of Our Grapevine Marijuana DWI Attorneys
Marijuana DWI cases are not frequently prosecuted. If you are being charged with a DWI based on marijuana or THC in your system, you need to hire an attorney immediately who is experienced in handling these types of cases. One of the first things our Grapevine marijuana DWI lawyers will look at is the blood report to see if THC or a THC metabolite is present. We will review the video, the offense report, and the field and lab tests to determine whether they are consistent with signs of intoxication. Rest assured, if there is a hole in the case, we will find it and use it to your advantage. Schedule a case consultation with one of the accomplished attorneys at Varghese Summersett today.
