Marijuana DWIs in Texas

Here in Texas, driving while intoxicated (DWI) is a serious criminal offense that can have significant consequences on your life and livelihood. While alcohol-related DWIs are well-known, there is growing concern about marijuana-related DWIs as cannabis legalization efforts gain momentum across the country.

Before getting into marijuana DWIs, you should understand our DWI laws. In Texas, it’s illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Lower limits apply to certain individuals, like commercial truck drivers and those under 21 years of age. However, the emerging issue of marijuana-related DWIs makes this topic a little more complex.

Marijuana impairment and DWIs

Marijuana impairs cognitive and motor functions, and its effects on driving ability vary from person to person. In Texas, there is no specific legal limit for THC (the psychoactive compound in marijuana) in the bloodstream, unlike alcohol. Instead, law enforcement relies on standardized field sobriety tests and drug recognition experts (DREs) to assess impairment.

Per the Governor’s Highway Safety Association (GHSA):

In addition to general impairment laws, there are two basic laws that states tend to use when addressing drug-impaired driving:

•   Zero Tolerance laws make it illegal to drive with any measurable amount of specified drugs in the body. These laws are best suited for illegal drugs: if it is illegal to possess or use a drug, then it is reasonable to prohibit driving after the drug has been possessed and used.
  • 16 states have zero tolerance laws in effect for one or more drugs.
• Per Se laws make it illegal to drive with amounts of specified drugs in the body that exceed set limits.
  • 5 states have per se laws in effect for one or more drugs.

Texas generally works as a “zero tolerance” state.

Because drug intoxication doesn’t work in the same way as alcohol on a breathalyzer test, law enforcement officers must use alternative methods to determine impairment. One approach is the administration of field sobriety tests, which involve requesting the driver to complete a series of physical tasks while looking for indicators of drug-related impairment, such as confusion and unsteady coordination.

Another frequently used method involves assessing the driver’s pupils. Specific drugs can cause noticeable changes in pupil size, either dilation or constriction, serving as an indication of possible intoxication. Additionally, officers may rely on the expertise of drug recognition experts, who are individuals specially trained to identify signs of intoxication resulting from various drugs.

Penalties for marijuana-related DWIs

A conviction for a marijuana-related DWI in Texas can result in severe penalties, which may include fines, license suspension, probation, mandatory drug education programs, and even jail time. Penalties become progressively harsher for repeat offenses.

• First offense. A first-time DWI offense, including marijuana-related DWIs, can lead to fines of up to $2,000, a license suspension of up to one year, and a mandatory ignition interlock device (IID) installation.
• Second offense. A second DWI offense can result in fines of up to $4,000, a two-year license suspension, mandatory IID installation, and potential jail time.
• Third offense. A third DWI offense is considered a third-degree felony and can lead to fines of up to $10,000, a two-year license suspension, and a prison sentence ranging from two to 10 years.
• Fourth or subsequent offenses. A fourth or subsequent DWI offense is a felony and can result in significant fines, license revocation, and a prison sentence ranging from two to twenty years.

Further, “These fines do not include a state fine of $3,000, $4,500, or $6,000 assessed upon sentencing.”

Texas also has implied consent laws, which means that when you get your driver’s license, you implicitly agree to submit to chemical testing (blood, breath, or urine) if law enforcement suspects you of driving under the influence of drugs or alcohol. Refusing to take a chemical test can lead to automatic license suspension. Our Killeen DWI defense attorneys can help.

Defense strategies for marijuana-related DWIs

Defending against a marijuana-related DWI charge requires a thorough understanding of the law and a strong legal strategy. Here are some defense strategies our Killeen attorneys may employ:

• Challenging the traffic stop. If the traffic stop leading to your DWI arrest was unlawful, your attorney may argue for the exclusion of evidence obtained during the stop.
• Questioning field sobriety tests. Standardized field sobriety tests may not accurately measure marijuana impairment. Your attorney can challenge the validity of these tests.
• Challenging blood or urine tests. If blood or urine tests were conducted, your attorney may scrutinize the testing procedure and chain of custody to identify any errors.
• Questioning probable cause. Your attorney can challenge whether law enforcement had probable cause to believe you were impaired by marijuana.
• Medical marijuana defense. If you have a valid medical marijuana prescription, either from Texas or another state, your attorney may argue that you were using marijuana legally.
• Expert witnesses. Expert witnesses, such as toxicologists, can be called upon to testify regarding the absence of impairment or the unreliability of test results.

As more and more states begin legalizing marijuana, Texas is facing increasing pressure to reform its marijuana laws. While medical marijuana use is permitted in a limited capacity, recreational use remains against the law. Our attorneys will keep you informed about potential changes in Texas marijuana laws that may affect your DWI case.

If you’ve been arrested for driving under the influence of marijuana, you need an experienced criminal defense attorney on your side. The attorneys at Mary Beth Harrell Criminal Defense and DWI Lawyers launch a vigorous defense on your behalf, using all resources and strategies available to us. You can rest assured that we will work to our utmost to have the charges against you dismissed or reduced.

Our lawyers understand how the legal process works, and will be with you every step of the way, explaining and protecting your rights. We’re here and we want to help. To schedule a consultation, call our offices or just fill out our contact form. We’re based in Killeen and Copperas Cove, and proudly serve Coryell, Bell, Williamson, and McLennan Counties, as well as Temple, Harker Heights, Waco, and Belton.