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Marijuana DWI

Many states throughout the nation have legalized the medical use of marijuana and several have legalized recreational use of marijuana. However, Texas has mostly been steadfast against any legalization. Driving while intoxicated under the influence of marijuana is a very serious crime in the state of Texas.

Under Texas law, driving while intoxicated (DWI) is defined as the operation of an automobile while intoxicated in a public place. (DWI) is also known as driving under the influence (DUI) in other states. An individual that faces marijuana DWI charges may face steep fines and jail or prison time upon conviction. If you or someone you know has been arrested for suspicion of intoxicated driving, contact The Gracia Law Firm, P.C. .

Texas Marijuana DWI Defense Lawyer in Brownsville

Are you facing criminal charges for a marijuana-related offense in Texas? It is critical for you to have knowledgeable legal representation capable of protecting your rights and achieving the most favorable possible outcome to your case. Our Texas Marijuana DWI defense lawyers at The Gracia Law Firm, P.C. are ready to fight on your behalf.

The Gracia Law Firm, P.C. defends clients facing marijuana DWI charges in Cameron County, Texas and surrounding counties such as Willacy County and Hidalgo County. Attorney Jonathan Gracia also serves cities near Brownsville, Texas including Houston, Harlingen, and San Benito.

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Information Center

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What is a DWI in Texas?

Most people assume that driving while intoxicated (DWI) is only related to alcohol. The harsh reality is that you can face Texas DWI charges if you are under the influence of marijuana or any other controlled substance. Under Texas Penal Code Sec. 49.01, DWI is the operation of a motor vehicle while intoxicated in a public place. “Intoxicated” is defined as one of the following:

  1. Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
  2. Having an alcohol concentration of 0.08 or more.

If law enforcement pulls you over while driving and suspects that you have been under the influence of a drug like marijuana, they can arrest you if they have enough reasonable suspicion. Usually, officers will arrest you if they believe your mental and physical faculties have been impaired to the point that you can no longer drive safely. The officer may utilize a DWI test refusal, slurred speech, or unusual behavior as evidence of impairment.

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Texas Marijuana DWI Penalties

DWI involving marijuana will be charged the same as if you were caught driving while intoxicated by alcohol. The severity of the penalties will depend on previous convictions and whether any aggravated factors were present.

DWI in Texas First Offense – Class B Misdemeanor

  • A fine of up to $2,000
  • Up to 180 days in jail;
  • Up to 100 hours of community service;
  • Driver license suspension for up to 12 months; and
  • Completion of a 12-hour DWI Education Program;

DWI in Texas Second Offense – Class A Misdemeanor

  • A fine of up $4,000;
  • Up to 12 months in jail;
  • Up to 200 hours of community service;
  • Completion of a DWI Education Program;
  • Driver license suspension for up to two years; and

DWI in Texas Third or Subsequent Offense – Third-Degree Felony

  • A fine of up to $10,000
  • Up to 10 years in prison;
  • Up to 200 hours of community service;
  • Driver license suspension for up to two years; and

Steep fines, jail time and a suspended license are not the only penalties you will have to face if convicted of marijuana DWI in Texas. You may also be required to pay a surcharge of up to $2,000 for three years.

You will be charged with a state jail felony if a child was present during the offense, regardless if it was your first DWI offense. A state jail felony is punishable by up to 2 years in jail and a fine of up to $10,000.

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Possession of Marijuana in Texas

When a DWI charge involves marijuana, it’s not uncommon for possession charges to be filed as well. The Texas statute entails that the more marijuana you carry, the heavier the charges will be:

  • Under 2 oz. marijuana – Class B misdemeanor, up to 180 days in jail and a fine of up to $2,000
  • More than 2 oz. but less than 4 oz. of marijuana – Class A misdemeanor, punishable by up to 1 year in jail and a fine of up to $4,000.
  • More than 2 oz. but less than 5 lbs. of marijuana – State jail felony, up to 2 years in jail, and a fine of up to $10,000.
  • More than 50 lbs. but less than 2000 lbs. – Second degree felony, 2-20 years in jail, and a fine of up to $10,000.
  • More than 2000 lbs. of marijuana – 5-99 years in prison and a $50,000 fine.

An individual will also face possession of marijuana charges if they sell the drug.

  • 25 oz. or less: Class B misdemeanor (if no remuneration)
  • .25 oz. or less: Class A misdemeanor (with remuneration)
  • .25 oz. to 5 lbs.: state jail felony
  • 5 lbs. to 50 lbs.: 2nd degree felony
  • 50-2000 lbs.: 1st degree felony
  • Over 2000 lbs.: 10-99 years in prison and/or a fine of $100.000

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Additional Resources

Texas Department of Transportation – Visit the Texas Department of Transportation to read more about driving under the influence. The webpage lists penalties for a DWI, details on drunk driving with a child passenger, and more. Residents and visitors of Texas can also utilize the Texas Department of Transportation website to report an issue on the road or to file complaints.

Texas Penal Code 49 –  Texas Penal Code 49.01 explains intoxication and alcoholic beverage offenses. It defines certain terms such as alcohol concentration, intoxicated, and watercraft. Visit the statute page to learn more about penalties.

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Brownsville Marijuana DWI Attorney in Texas

If you are facing charges of marijuana DWI, it is important that you reach out to an experienced marijuana DWI defense lawyer in Texas. We have decades of proven experience and a reputation earned in the courtroom for successful results. Contact The Gracia Law Firm, P.C. today to discuss the circumstances of your case.

The Gracia Law Firm, P.C. advises clients during marijuana DWI investigations throughout the Brownsville, TX area and nearby cities, including, Houston, Harlingen, Mercedes, and Donna. We will work hard to protect your rights and your future from the consequences of a marijuana DWI. Call us now at 956-504-2211 to schedule you free consultation free of charge.

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