Austin Marijuana DWI Lawyer

Marijuana & DWI Laws In Texas

If a person is unable to use their mental or physical abilities normally due to the influence of marijuana, they can be charged for driving while intoxicated under Texas Penal Code Ann. § 49.04. If a person’s test specimen contains any amount of marijuana, it can be used as evidence by the state to prove that they were driving under the influence due to marijuana’s illegal status and nature (Texas Penal Code Ann. § 49.01). However, there is no specific amount of marijuana or its metabolites that are automatically considered illegal or indicative of impairment according to Texas law. In Texas, the penalties for DWI remain unchanged regardless of whether you were driving under the influence of prescription drugs, illegal drugs, or alcohol. Furthermore, any prior DWI convictions, regardless of whether they were alcohol-related or not, will be taken into account for any subsequent DWI convictions, including those involving marijuana or other drugs. Simply put, all drug DWI offenses carry the same weight in Texas.

Marijuana DWI Penalties In Texas

The penalties for driving while intoxicated by marijuana in Texas are equivalent to those for alcohol-related DWIs. If you have been convicted of DWI in the past, whether it was for alcohol, marijuana, or any other substance, penalties become harsher. The penalties are as follows:

• First DWI Offense – 3 to 180 days in jail, up to a $2,000 fine, and license suspension for up to one year
• Second DWI Offense– 30 days to 180 days in jail, up to a $4,000 fine, and license suspension for 180 days to 2 years
• Third or Subsequent DWI Offense – 2 to 10 years in a Texas state correctional facility, up to a $10,000 fine, and license suspension for 180 days to 2 years

Additional penalties may be imposed alongside the aforementioned penalties. These penalties could include other repercussions not explicitly mentioned below:

• Community Service
• Drug Rehabilitation/Therapy
• DWI School
• Vehicle Impoundment.

If you are caught with marijuana while driving, you may face both a drug possession charge and a marijuana DWI charge. In certain areas of Texas, such as Travis County, low-level marijuana possession may no longer be prosecuted, but it can still be used as evidence for a DWI charge. If convicted of DWI with marijuana, your sentence may include additional fines and jail time. It’s essential that you speak with an experienced marijuana DWI lawyer to secure the best possible outcome in your case.

Proving Marijuana Intoxication In Texas

In Texas, there are no specific laws that define a legal limit for drug use while driving, unlike the 0.08% blood alcohol content limit for alcohol use. This means that if THC is detected in your blood or urine sample, there is no predetermined legal limit. Additionally, determining marijuana intoxication is currently not a precise science. Some courts in the US have deemed blood and urine tests unreliable for detecting marijuana use because THC (the psychoactive component of marijuana) can still be detected in your system up to five weeks after consumption. Additionally, there is currently no test that can accurately determine impairment at a specific time. Even field sobriety tests have been called into question, with the Supreme Court of Massachusetts ruling that they are not dependable for detecting marijuana use.

Drug Recognition Experts (DRE)

Police units are now training officers in drug recognition because courts have found tests for marijuana intoxication at the time of driving to be unreliable. The International Association of Chiefs of Police (IACP) has created a training program to certify officers as experts in drug recognition within a few weeks. These certified officers, also known as Drug Recognition Experts, are used by the prosecution in an attempt to prove that an individual was driving under the influence of drugs. However, studies indicate that the 12-step DRE process is not dependable or precise in detecting drug-related impairment. If a DRE officer stops you and asks you to undergo an evaluation, you should not reveal any information about your drug use, even if it is legal for medical purposes. Additionally, you can refuse to undergo the evaluation since this alone is not enough justification for the officer to obtain a warrant. It is important to note that there have been cases of wrongful arrests across the United States where DREs suspected of drug impairment while driving, but no impairment was found. The experts who are supposed to evaluate suspected impaired drivers receive minimal training before being allowed to conduct a 12-step process to determine drugged driving while intoxicated.

12-Step DRE Process

If a police officer suspects that you are driving under the influence of drugs, they may ask a drug recognition expert to evaluate you. There are 12 steps that the expert is trained to follow to determine if you are impaired, and if so, what type of drug may be causing the impairment. The 12 steps include the following:

1. Breath alcohol test
2. Interview with suspect
3. Preliminary examination
4. Eye exam
5. Divided attention tests
6. Examination of vital signs
7. Darkroom examinations
8. Muscle tone examination
9. Examination of common injection sites
10. Consideration of statements and actions by the subject
11. Opinion by DRE certified officer
12. Chemical tests to determine the presence of drugs and/or corroborate the DRE officer’s opinion.