Almost half of the states and the District of Columbia have legalized medical marijuana. For certain medical conditions and by prescription from a medical doctor, medical marijuana can be consumed without fear of incurring a criminal penalty in certain states. In Texas medical marijuana use is illegal. Four states and the District of Columbia have fully legalized recreational drug use. Texas has not. The only state surrounding Texas that permits any form of marijuana use is New Mexico, where medical marijuana has been legal since 2007.
Driving under the influence of marijuana is a crime all over the state of Texas. To support an arrest for DWI marijuana in Texas all that a prosecutor needs is to find a trace of marijuana in your blood or urine. Unlike in alcohol related DWI cases where the blood alcohol content must read .08% or higher to support an arrest and conviction, no such numerical threshold exists when the substance is marijuana. The arresting charge will stick and a conviction whether by plea or after a jury trial will stand and be part of your criminal record, even if you live in a state that has legalized marijuana use for medical or recreational purposes.
DWI Marijuana Penalties in Texas
People found guilty of DWI marijuana in Texas are subject to penalties that increase in severity based on the DWI marijuana suspect’s prior criminal record. The more times an individual is arrested and convicted for DWI marijuana the more fines, jail time, and community service hours get assessed. Additionally, the actual crime classification moves from a misdemeanor to felony and the individual’s driver’s license gets suspended.
First Offense:
- Class B misdemeanor
- Fine up to $2,000
- Jail time between 72 hours to 180 days
- Community service hours between 24 and 100 hours
- Drivers’ license suspension for one year
Second Offense:
- Class A misdemeanor
- Fine up to $4,000
- Jail time between 72 hours to 365 days
- Community service hours between 80 and 200 hours
- Drivers’ license suspension between 180 days to two years
Third Offense:
- Third degree felony
- Fine up to $10,000
- Jail time between two and 10 years in prison
- Community service hours between 160 and 600 hours
- Drivers’ license suspension between 180 days to two years
Hire a Plano, Texas DWI Criminal Defense Attorney
A DWI marijuana conviction carries the same criminal consequences as a DWI alcohol conviction. Debating whether or not marijuana impairs mental or physical abilities is irrelevant. Any amount of marijuana in blood or urine will support an arrest and conviction for DWI marijuana. Marijuana use and consumption is a crime in Texas. Expect additional charges, like illegal drug use, to be added to your DWI marijuana arrest.
If you have been arrested for DWI marijuana it is important that you consult a DWI criminal defense attorney immediately. The law offices of Kimberly Griffin Tucker provide legal representation to individuals in the cities of Plano and Dallas Texas. The firm also assists people residing in Denton, Collins, and Dallas counties. Contact our offices today.