Get Your FREE Copy of the Book by Stephen Hamilton Exposing the Truth
Secrets of the Texas Criminal Justice System and Your Rights
If you have been charged with DUI for marijuana use, you will need the help of an experienced Midland marijuana DUI lawyer by your side. A professional defense attorney could gather evidence, interview key witnesses, and create a strong defense strategy on your behalf. While marijuana laws are strict in Texas, actually proving a marijuana DUI case can be a difficult task because the prosecution still has to be able to show that the drug impaired an individual to the point where they could no longer drive safely. Read on to learn more about how a dedicated Midland marijuana DUI lawyer could fight for your rights today.
Marijuana Laws in Texas
If an individual has marijuana in their system that has affected their ability to safely operate a motor vehicle, they can be charged with a DUI. Marijuana is illegal at all times in the state of Texas, and there are no laws allowing it for medicinal use. If anyone possesses less than two ounces, they have committed a Class B misdemeanor that could result in a maximum sentence of six months in prison.
If they are carrying two to four ounces, they could be charged with a Class A misdemeanor with a maximum penalty of spending an entire year in the Midland County Jail. Possessing larger amounts is considered a felony offense with more severe punishments as well. Know that an experienced Midland marijuana DUI lawyer could help to fight against these penalties or work to potentially mitigate their consequences.
Differences from Alcohol-Based Cases
The ultimate cause of the driver’s impairment is the main difference between a marijuana and alcohol DUI charge. When proving a marijuana DUI case, the prosecution has to be able to show that the drug caused a loss of the defendant’s normal use of their mental and physical faculties. While it is not difficult to have a lab technician test one’s blood for drug contents, they often do not have a qualified individual come in to testify on whether or not that truly affected their driving abilities. For this reason, it is significant for an accused individual to retain a Midland marijuana DUI lawyer who understands the laws and are able to use professional witnesses to communicate that to the judge or jury.
The Importance of a Midland Marijuana DUI Lawyer
If an individual has been charged with a DUI and the government is alleging that it is because of marijuana, it is important to hire a knowledgeable Midland marijuana DUI lawyer with experience in these cases. One of the issues that often comes up in marijuana cases is that the lab reports will come back showing THC in someone’s system, but they fail to account for the difference between one’s active and inactive metabolism. Someone can have inactive marijuana metabolism in their system for 30 to 45 days after use.
The active part of one’s metabolism only lasts for a short time, and the prosecution has to be able to show whether that has actually caused the individual to lose the normal use of their mental or physical faculties. In fact, there are several studies that show how someone who has a low level of marijuana in their system is actually a better driver than an individual who has no marijuana in their system. If you wish to fight against your charges, retain the help of a skilled Midland marijuana DUI lawyer today.