Marijuana DWI

The majority of people associate DWI with alcohol, but this isn’t always the case. You can be charged with driving while intoxicated (DWI) if you’re under the influence of drugs such as marijuana. If you have cannabis on your person during the stop, then you could also be facing possession charges alongside your DWI.

You should never take DWI charges lightly. A DWI conviction could lead to thousand-dollar fines, incarceration and added conditions such as community service or a license suspension. Additional possession charges could enhance your penalties even further. Don’t wait another moment to resolve this issue.

If you or someone you know has been charged with driving under the influence of marijuana, it’s important you gain trusted legal representation.

Attorney for Cannabis DWI in Harris County, Texas

The United States Legislation has become more comfortable with recreational cannabis. However, Texas still considers possession or sale of cannabis to be a crime. You could be charged with DWI if you drive under the influence of marijuana.

Fight these charges today with an attorney from [firm]. The attorneys at [firm] can build a formidable defense against your charges. Let us guide you through this legal process. Contact [phone] today to schedule a free case consultation.

[firm] accepts clients throughout the greater Houston metropolitan area including Uptown, River Oaks, Midtown and Magnolia Park.

Overview of Marijuana DWI in Texas


Back to top

How Can Police Tell If You’re Driving High?

Texas law enforcement will determine if you’re impaired by your blood-alcohol concentration (BAC) or by assessing your physical and mental faculties. Field sobriety tests are used to evaluate physical and mental faculties. Chemical testing is used to determine BAC, which is the number of grams of alcohol per:

  • 67 milliliters of urine;
  • 210 liters of breath; or
  • 100 milliliters of blood

If you have a BAC of ..08 or higher, then you’ll be arrested for DWI. The majority of law enforcement will use BAC to prove you’re driving high. Marijuana cannot easily be detected on a breathalyzer, but it can be found in a urine or blood test. In fact, metabolites and other traces of cannabis can stay in your system for up to six weeks. This means you could test positive for marijuana even if you haven’t smoked it all day. Because of this, most attorneys would advise you to refuse chemical testing.

Field sobriety tests are a series of physical exercises designed to test your physical and mental faculties. You may have seen a variety of these on the internet, but only three can be admissible in court. These have been standardized by the National Highway Traffic and Safety Administration (NHTSA) and include the horizontal gaze nystagmus, the one-leg stand, and the walk-and-turn.


Back to top

If I’ve Been Smoking Marijuana, Should I Refuse Testing?

Texas has established laws to address chemical testing by law enforcement. These are referred to as implied consent laws, which state any driver who uses Texas public roads is implicitly agreeing to chemical testing. This means a refusal could lead to an administrative penalty.

If you choose to refuse chemical testing, then your license will automatically be suspended by the Texas Department of Public Safety (DPS). It’s important to note this isn’t a criminal penalty, but an administrative one. You can choose to contest it with an administrative license revocation (ALR) hearing. At the hearing you’ll be able to present evidence as to why you should retain the use of your license.

Many attorneys will advise you to refuse chemical testing if you’ve consumed marijuana. The prosecution will have a difficult time convicting you without any concrete evidence. They will have to rely upon the objective evidence pulled from the dash cam or police report.

It can be a hassle to deal with a DWI refusal, but it’s likely the best choice. The worst outcome from a refusal is a license suspension and some time in jail. If you submit to testing and fail, then you could be saddled with a conviction and a slew of sentencing conditions. Some of these conditions include community service, DWI school, annual fees by DPS, probation and a license suspension.


Back to top

Penalties for Cannabis DWI in Houston, Texas

Driving while intoxicated carries some harsh penalties. If you’re convicted, your sentencing will rely on your criminal history and the circumstances surrounding the crime. Certain aggravating factors such as having a child passenger could enhance your penalties.

  • First Offense – Class B misdemeanor
    • Up to $2,000 in fines;
    • Up to 180 days in jail;
    • Up to 100 hours of community service;
    • Completion of a 12-hour DWI school;
    • Annual surcharge by DPS for three years of up to $2,000; and
    • License suspension for up to 1 year
  • Second Offense – Class A misdemeanor
    • Up to $4,000 in fines;
    • Up to 1 year in jail;
    • Up to 200 hours of community service;
    • Potential installation of an ignition interlock device;
    • Completion of a 32-hour DWI school;
    • Annual surcharge by DPS for three years of up to $2,000; and
    • License suspension for up to 2 years
  • Third Offense – Third-degree felony
    • Up to $10,000 in fines;
    • Up to 10 years in prison;
    • Up to 200 hours of community service;
    • Required installation of an ignition interlock device;
    • Annual surcharge by DPS for three years of up to $2,000; and
    • License suspension for up to 2 years

Aggravating factors could enhance your penalties even further. Having an open container in your car will result in a required jail sentence of at least six day. If you had a BAC of .15 or higher, then you’ll be charged with a class A misdemeanor. A class A misdemeanor is punishable by:

  • A possible fine of up to $4,000; and
  • Up to 1 year in jail

If you had a child passenger during the offense, then your penalty will be enhanced to a state jail felony. A state jail felony is punishable by:

  • A possible fine of up to $10,000; and
  • Up to 24 months in jail

Back to top

Texas Penalties for Possession of Marijuana

A charge commonly associated with marijuana DWI is possession. It’s illegal in Texas to possess any trace amounts of cannabis. If you’re pulled over and searched for drugs, you could be facing two charges instead of one. The penalties rely on the amount of marijuana in your possession.

Listed below are the possible penalties for possession of marijuana:

Substance Sentence Weight Jail/Prison Term Maximum Fine
Marijuana Class B Misdemeanor 2 ounces or less Up to 180 days Up to $2,000
Class A Misdemeanor 2 to 4 ounces Up to 12 months Up to $4,000
State Jail Felony 4 ounces to 5 pounds 180 days to 2 years Up to $10,000
Third-Degree Felony 5 to 50 pounds Up to 10 years Up to $10,000
Second-Degree Felony 50 to 2,000 pounds Up to 20 years Up to $10,000
First-Degree Felony Over 2,000 pounds 10 to 99 years Up to $50,000

 

It’s important to note Harris County has a misdemeanor marijuana diversion program. This means they will only arrest you if you possess four ounces or more of cannabis.


Back to top

Additional Resources

DWI Laws in Texas – Visit the official website of Texas legislation to learn more about their driving while intoxicated (DWI) laws. Access the site to find information surrounding DWI penalties, aggravated DWI and other alcohol-related offenses.

Marijuana Drug Facts – Visit the official website of the Drug Enforcement Administration (DEA) to learn more about cannabis. Access the site to learn what chemicals make up marijuana, the street names, ways it’s consumed and the effects on the body.


Lawyer for Marijuana DWI in Harris County, Texas

If you or someone you know has been charged with a DWI with cannabis, it’s crucial that you act now. A criminal record could limit your professional and personal opportunities. In addition, you will have to pay massive fines and possibly spend time in prison if convicted.

Start your defense today with [firm]. Our attorneys at [firm] have years of experience in DWI law. We can craft a strong defense for you with our extensive resources. Call [phone] now to schedule a case consultation.

[firm] accepts clients throughout the greater Harris County area including Houston, Bellaire, Pasadena, West University Place and Tomball.


This article was last updated on March 7th, 2019.

TELL US ABOUT YOUR CASE

Use the form to submit your request for a free consultation.
Name(Required)
Email(Required)

*Use of this form does not constitute an attorney-client relationship.

NOT GUILTY
Driving While Intoxicated (Blood Draw .16)
Client had bond forfeited while case was pending for not being able to attend trial when Judge ordered us to be there due to his teaching job at Texas A&M University. When he finally...read more
Read More Case Results
Tyler Flood & Associates
2019 Washington Ave. #300
Houston, TX 77007
(713) 224-5529
Get Directions to Our Office

CLIENT TESTIMONIALS

CERTIFIED
Robert Henderson
Robert Henderson
December 22, 2023.
I want to give a special thanks to Tyler Flood & Associates. Getting charged with a dwi was the worst feeling and situation I've been in, but the professionalism and confidence that Tyler Fllod & Associates showed throughout my case definitely helped me get some sleep at night. Then when they called and let me know that my case was dismissed and all charges dropped was incredible. Once again, thanks to Tyler Flood & Associates.
Zeta Ze
Zeta Ze
December 15, 2023.
Houston DWI/DUI Tyler Flood is the best lawyer to represent you in a DWI/DUI case. Mr. Flood saved my license from being suspended in a non-refusal weekend. In a case, where I feel I did everything wrong and had 0 chance, in my opinion, for a dismissal, my only hope and chance was to hire Mr. Flood and his firm. Having had previous experience with Mr. Flood's firm, I felt that if I had any percentage chance of a dismissal, I had to go with Mr. Flood again. As I am writing this review, I'm still in shock and awe in how Mr. Flood was able to get a dismissal before trial completely started. Mr. Flood knew the law better than the arresting officer and Prosecutors. Even the judge was impressed and paid him a compliment after the dismissal. In my opinion, if you want a fighting chance, hire Mr. Flood and his firm. Mr. Flood genuinely cares about all his clients and does not merely see you as a customer. He and his team are always working on your case. Trust his process. They are absolutely the BEST.
briana Munoz
briana Munoz
December 5, 2023.
Thanks to Tyler Flood I am able to continue my life, him and his partners were amazing in guiding me throughout this hard process. Tyler and his team got me a CASE DISMISSED on my DWI case. His team kept in contact with me on every small detail about my case while being able to thoroughly explain every possibility for me. I also never had to step foot in a courtroom! Him and his team had my back every step of the way and never made me feel like it was not going to be okay. Tyler flood is the BEST DWI/DUI attorney no doubt, please consider letting him take your case if you are ever in need of an amazing lawyer.
A D
A D
October 19, 2023.
When I found myself in a precarious situation and didn’t know where or who to turn to I was recommended to Tyler Flood and Associates. After researching and reading many reviews I decided to hire and retain Flood and Associates services. This was one of the best decisions I made in my life, not only were they there for me in every dim moment and never too busy to answer every question I had whether it was frivolous or not, his expertise was demonstrated to me during my trial. So much so that two other defendants asked for his name and number during my trial. He fought tooth-and-nail for me and he will for you too. I’m only rating him five stars because I can’t rate him any higher. I’ll thank him for the rest of my life.
Dylan
Dylan
October 12, 2023.
Houston DWI/DUI Attorney Tyler Flood is the best in the business! Tyler and his team made the entire process stress free for what is a very stressful situation. From winning the first administrative hearing (to retain my license/avoid a breathalyzer) to getting the dismissal before trial even started. He is truly the best in the business!
Cesar Ricardez
Cesar Ricardez
October 3, 2023.
I hired Tyler Flood the day after my DUI arrest after reading glowing reviews about him and I couldn’t be happier that I did so. He took care of both my cases to keep my driving rights and the misdemeanor DUI charge in court. I never even had to appear in court or do anything, him and his team took care of anything while I carried on with my life and would just get updates whenever they appeared in court on my behalf. At the end, my driver license was never suspended and they got my case dismissed. Lesson learned, I don’t wish anyone to get in my situation but if you do, don’t hesitate to hire Tyler Flood and his team, they are extremely professional and they go for the win. No deal, no probation, got it all dismissed.
M J
M J
September 14, 2023.
Tyler Flood, Houston DWI/DUI attorney is fantastic! He is professional, smart and takes pride in getting the best possible outcome for you. This was my second DWI and I didn't want to take chances. I found him on Google and I too was in disbelief with all the 5.0 star reviews. Upon meeting him I quickly discovered it was all true. A lawyer with his own science lab WTH??????? Long story short he got my case dismissed without going to court. You can not put a price on freedom. The only downside is I only hope to need his services this one time. 😀 Thanks again Mr. Flood God bless.
John Sellers
John Sellers
August 31, 2023.
Houston DUI/DWI attorney Tyler Flood is the guy to go to!! I started my journey with these guys on August 4th of this year, my case was dismissed before the end of the month!! Well worth it!! They are organized and efficient, kept me informed of what was going on and answered all my questions. I have shared with my friends and definitely recommend to anyone.
texasdiamonds
texasdiamonds
August 29, 2023.
Houston DUI/DWI attorney Tyler Flood is an outstanding attorney and person. If you are in need of a lawyer who understands the panic and sheer fear a family feels when this happens in their lives,Tyler Flood is the attorney for you. He has an outstanding educational background, his office includes an on-site, state-of-the-arts laboratory, and he is surrounded with a legal team to provide background and research data for him to be successful in representing you. He is a One-of-Kind, highly accomplished attorney that will promptly respond to you throughout the duration of your case. Seriously, this guy NEVER sleeps! Tyler Flood understands the importance of a person’s reputation and the seriousness of a DUI/DWI charge. If you choose to work with him, he will work with you to be successful! Tyler Flood is AWESOME!
Trey Perrett
Trey Perrett
August 14, 2023.
Words cannot express what a dominating lawyer Tyler Flood and his team are. I ran into some trouble in 2021 and I was just getting my family, career ,and life together. I was completely scared of what the repercussions could be for the rest of my life. I asked civil layers who they recommend and repeatedly Tyler Flood’s name was given to me. At my first appointment, I was overcome with anxiety of what will happen next. Tyler put me at ease immediately. He believed I had a case. They were great on response time and helping me navigate the often confusing legal system. It’s a long process to have a case brought to trial but I knew I had an amazing lawyer and his team in my corner. Finally, I received the call that my case was dismissed, and I was cleared of all charges. I could not be happier with the way he and his colleagues handled my case and brought home the W. I strongly recommend having Tyler Flood in your corner because he delivers.
VIEW MORE TESTIMONIALS
Disclaimer: The information on this website does NOT constitute legal advice. If you need legal advice, then retain an attorney to discuss the facts of your case. If you would like to discuss your case with an attorney at Tyler Flood & Associates, Inc., then please contact us to schedule a consultation. Until we specifically agree to act for you on a matter, you should not provide us with any confidential information or material.
Copyright © 2024 Tyler Flood & Associates, Inc.
chevron-down
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram