While the use of marijuana is becoming accepted across the nation, driving while under the influence of the substance is still illegal. Individuals charged with being under the influence of marijuana while operating a vehicle face significant penalties and long-term consequences. Therefore, it may be in the defendant’s best interest to reach out to a dedicated Denton marijuana DWI lawyer. A skilled drug DWI attorney could advocate on your behalf.
Marijuana Laws in Denton
Dealing specifically with DWI, marijuana would fall under the laws pertaining to drugs. If the state proves that a person has consumed any substance made them lose the normal use of their mental or physical faculties at the time of driving, the individual could be found guilty of the DWI. This includes a person that was found to have marijuana in their system.
Therefore, it is important to determine whether the THC in a person’s system is active or an inactive metabolite since the inactive metabolite of marijuana could stay in a person’s system 30 to 45 days. Since the actual high is typically gone in a matter of hours, the presence of some level of THC in the system may not mean that the person is intoxicated under Texas law. For more information about marijuana laws and how they apply to DWI charges, consult with a knowledgeable Denton marijuana DWI lawyer.
Marijuana DWIs vs Alcohol-Based Cases
Marijuana DWIs are different from alcohol-based cases in a number of ways. In Texas, one of the definitions of intoxication is at or above 0.08 percent blood alcohol content (BAC), which is referred to as the per se law. If the government proves that the alcohol concentration is at or above 0.08 percent at the time of driving, the defendant is usually considered guilty under the law. It does not matter if the person could safely operate a motor vehicle at 0.08. Even if they are a great driver and they may have never had any problems with driving, they could be found guilty if they are at this number.
That is a difference in regards to drugs because there is no per se law. Drug use may be harder to prove. Authorities need to prove the drug is in the person’s system and that the driver was under the influence at the time of driving. Authorities may also need to prove that the drug amount in that person’s system meant that the driver had lost the normal use of their mental or physical faculties.
Proving Marijuana DWI Cases
In a marijuana DUI case, the prosecution needs to prove that the person was operating a motor vehicle in a public place while intoxicated. They must also prove the same things needed in any other type of DWI case. This may include proving:
- A legal stop was made
- A legal reason for the arrest was found
- The blood the authorities took was taken legally or with the consent of the defendant
- The chemical in the person’s system caused the person to lose the normal use of mental or physical faculties
After assessing the facts of the case, a Denton marijuana DWI lawyer could determine how to refute the government’s case.
A Denton Marijuana DWI Attorney Could Help
It may be crucial for defendants to seek the services of a legal professional who has familiarity with marijuana laws or DWIs since DWI cases can become complicated. These cases may not be easy for the government to prove. Also, the defense may be at a disadvantage due to the way that society views illegal drugs. Fortunately, a Denton marijuana DWI lawyer could fight by your side and advocate on your behalf throughout the case.