Criminal Attorney in Fort Bend Texas

Can I Be Charged with a DWI for Marijuana Use?

If you have been stopped by a police officer after smoking weed in Texas, they can arrest you for driving while intoxicated. Now this may appear confusing and unfair if you were not drinking alcohol, but intoxication is defined under 49.01 of the Texas Penal Code as "not having the normal use of mental or physical faculties due to the presence of alcohol, a controlled substance, a drug, a dangerous drug, or any other substance." According to Texas State laws, marijuana is classified as a Schedule I controlled substance and therefore qualifies under the term "intoxication."

Associated DWI Penalties

Depending whether or not this was your first run-in with the law or if you have a history of DWI charges, it can greatly affect your potential consequences.

For a first time DWI, you could face the following penalties:

  • Up to $2,000 in fines
  • 72 hours to 6 months in jail
  • Suspension of your driver's license for up to 1 year
  • Community service

For a second DWI, you could face the following penalties:

  • Up to $4,000 in fines
  • 72 hours to 1 year in jail
  • Suspension of your driver's license for 180 days to 2 years
  • Community service

For a third DWI, you could face the following penalties:

  • Up to $10,000 in fines
  • 2 to 10 years in jail
  • Suspension of your driver's license for 180 days to 2 years
  • Community service

Additionally, a law officer may also charge you with possession of marijuana if there is sufficient evidence, which would only increase the fines and jail time. Protect your rights and freedoms by retaining a competent Fort Bend County DWI defense lawyer.

Call for a free consultation now!

Allow a former prosecutor and Fort Bend marijuana defense attorney with extensive experience in the field of criminal defense to represent you in and out of the courtroom. I have a successful history of case results and will do everything in my power to obtain the favorable case results you desire.

Contact my office today for a free initial consultation at (281) 971-5660 or fill out my free case evaluation form here.

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