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Marijuana and DWI: What You Need to Know

How Marijuana Affects Driving

Just like alcohol, marijuana can impair your ability to drive safely. The main psychoactive component in marijuana, THC, affects cognitive functions, coordination, and reaction times. Even small amounts of THC in your system can cause impairment, which is why it’s a major factor in DWI cases.

Is Marijuana Legal in Texas?

As of now, marijuana is illegal for recreational use in Texas, though there are certain allowances for medical marijuana use under the Texas Compassionate Use Act. Even if you have a prescription for medical marijuana, driving under its influence can lead to a DWI charge if it impairs your driving ability.

What Constitutes a Marijuana DWI in Texas?

In Texas, a Marijuana DWI occurs when a driver operates a vehicle with marijuana or its metabolites (such as THC) in their system. It doesn’t matter whether you’re under the influence of alcohol or marijuana; the key is that your ability to drive is impaired, which is what DWI laws are designed to address.

Penalties for Marijuana DWI in Texas

  • Legal Consequences for a Marijuana DWI
    The penalties for a Marijuana DWI in Texas are severe and can significantly impact your life. Convictions can lead to fines, license suspension, and even jail time. The exact penalties depend on whether it’s your first offense or a subsequent one.

  • First Offense Penalties
    For a first-time Marijuana DWI offense, you can expect:
    • Up to 180 days in jail
    • A fine of up to $2,000
    • License suspension for up to 1 year

  • Penalties for Multiple Offenses
    If you have prior DWI offenses, the penalties become even more serious:
    • Up to 1 year in jail
    • Fines up to $4,000
    • License suspension for up to 2 years
    • Increased penalties for repeat offenses

  • The Importance of a Strong Defense
    Facing a Marijuana DWI charge can be life-altering, which is why having a strong legal defense is crucial. Penalties increase with each offense, and the consequences can follow you for years to come. An experienced DWI lawyer can help you navigate the legal complexities and fight for a reduced charge or dismissal.

Defenses Against a Marijuana DWI Charge

  • Challenging the Results of a Drug Test
    One of the most common defenses is challenging the accuracy of the drug tests. There are many factors that can affect the reliability of a drug test, including improper procedures or faulty equipment. A skilled attorney will know how to attack the evidence presented against you.

  • Invalid Stop or Arrest
    If the police did not have reasonable suspicion or probable cause to pull you over or arrest you, your DWI charge could be dismissed. An experienced attorney will investigate whether the stop and arrest were lawful.

  • Lack of Probable Cause
    Another defense is showing that there was no probable cause for the arrest. This could involve questioning whether the officer had valid reasons to believe you were impaired by marijuana, especially in cases where no physical signs of impairment were present.

How an Experienced DWI Attorney Can Help

  • Role of a DWI Lawyer in Defending Marijuana Cases
    An attorney specializing in DWI defense will thoroughly investigate the circumstances surrounding your arrest, examine the evidence, and look for any weaknesses in the prosecution’s case. They will work tirelessly to protect your rights and minimize the impact on your future.

  • Importance of Hiring an Experienced DWI Lawyer in Texas
    Texas law is complex, and a Marijuana DWI conviction can have long-lasting effects. By hiring an experienced lawyer, you ensure that someone is fighting for the best possible outcome, whether that means reducing the charges, negotiating a plea, or taking your case to trial.

How to Avoid a Marijuana DWI Charge

  • Stay Informed on the Laws
    Marijuana laws in Texas can be confusing. Keep yourself informed about any changes in the law regarding marijuana use and driving. This will help you understand when it’s safe to drive and when it’s not.

  • Avoid Driving While Impaired
    If you use marijuana, always plan ahead and avoid driving afterward. Whether it’s arranging for a ride, using public transportation, or staying in place until you’re sober, it’s critical not to risk your safety and others’ safety on the road.

  • Alternatives to Driving Under the Influence
    Consider alternatives like using a rideshare service or asking a friend for a ride if you’re ever in doubt about whether you’re too impaired to drive. This simple step can keep you out of legal trouble and protect your future.

Get the right defense

Marijuana DWI charges in Texas are serious, but with the right defense, you have options. If you’re facing a Marijuana DWI charge, don’t navigate the legal system alone. At The Law Office of Robert Barrera Arellano, we have the experience and knowledge to help you fight these charges and protect your future.

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FAQs

Texas does not have a specific legal limit for THC in the same way it does for alcohol. If you are impaired by marijuana, you can be arrested for DWI regardless of the THC level in your blood.

Yes, you can be arrested based on other evidence such as the officer’s observations, field sobriety tests, and signs of marijuana use, even without a blood test.

Police officers may use field sobriety tests, signs of marijuana odor, or visible impairment to determine whether a driver is under the influence of marijuana.

Yes, depending on the circumstances, your DWI charge may be reduced or dismissed. A skilled DWI lawyer will review the evidence and fight for the best outcome.

Absolutely. A lawyer with experience in Marijuana DWI cases can help you build a strong defense and improve the chances of a favorable outcome in your case.

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