In Dallas and throughout Texas, someone can be charged with driving while intoxicated if police believe they are impaired by any substance. If a driver takes a blood test and is found to have THC in their system, they could be prosecuted for DWI under the theory that they were intoxicated on marijuana.
If you were charged with a marijuana DWI, you could benefit from speaking to an experienced Dallas attorney. A lawyer could carefully analyze the facts and craft a powerful defense strategy on your behalf.
Marijuana DWI Enforcement in Texas
Texas has not decriminalized marijuana as of yet. Due to the trend of legalization in other states, it is not uncommon for people these days to smoke marijuana or ingest THC by other methods, such as candies or vape pens. Regardless of the method of ingestion, Texas law takes marijuana seriously, and police will not hesitate to charge someone with DWI if suspect the person is under the influence.
If authorities suspect a person is driving under the influence of marijuana, they may order a blood test to detect the presence of THC. If the blood test is positive, the state will likely prosecute the individual for driving while intoxicated.
What are the Penalties for a Marijuana DWI?
The potential penalties for a marijuana DWI are the same as those for an alcohol-related DWI. If convicted, someone could face probation, mandatory courses, fines, court costs, probation fees, and other monitoring. The court might even recommend that the defendant wear a drug patch or submit to frequent urinalysis to ensure that they are not continuing to use marijuana while on probation.
Unique Aspects of Marijuana DWI Cases in Dallas
There are a lot of differences between DWI cases that involve allegations of intoxication on marijuana versus alcohol. Alcohol has a set limit of 0.08, and this standard is used throughout the country. If a driver’s BAC is above this limit, they are deemed to be impaired or intoxicated. In contrast, there is not a per se limit on marijuana and driving in Texas. A particular amount of active Delta-9 THC in someone’s bloodstream does not equal intoxication, so these cases can be more challenging for the state to prove. This gives experienced Dallas marijuana DWI attorneys opportunities to challenge the evidence against the defendant.
The prosecution needs an expert witness in a marijuana DWI case who will give an opinion regarding the level of Delta-9 active THC that was found in the defendant’s bloodstream. The expert’s testimony will attempt to convince a jury that the levels of THC mean the defendant was intoxicated.
Consult a Dallas Attorney with Experience Handling Marijuana DWI Cases
Marijuana DWIs can be a little tricky to defend because lab reports often report both active and inactive metabolites of THC. If an attorney does not have experience reading lab reports and understanding the underlying science, they might think the defendant’s levels are very high, when in fact the levels are very low. To increase the chances of success in court, it is important to hire an attorney who understands how marijuana is metabolized in the human body and what the current science is on marijuana impairment.
Call a Dallas marijuana DWI lawyer today for help building a powerful defense against your charges.