People who have legal authorization to possess marijuana through a prescription are in a conundrum when they are stopped by police and accused of being under the influence while driving a vehicle in Texas. The problem is that marijuana containing THC is still illegal in the state. In addition, there are currently no valid testing devices developed to the point that marijuana intoxication levels can be measured effectively.
The cases generally hinge on officer testimony. Blood test warrants can be requested and sometimes authorized by a judge, but the blood test does not measure latency. All a blood or urine test can prove is the presence of the substance that produces the physical effect. And the illegal active ingredient in marijuana, THC, can stay in the system for up to 30 days following use.
This means that medical marijuana users who drive in Texas could be charged with DUI anytime they are stopped while behind the wheel of an automobile. And it also means it is vital to retain an experienced Texas criminal defense attorney from the Law Office of John Venza when this happens.
What an Attorney Can Do
While many individuals who are charged for DWI in Texas qualify for a public defender, this does not always bode well for the defendant. Public advocates are not always willing to thoroughly investigate the case on the client's behalf.
A private criminal defense lawyer can investigate the case particulars and evaluate all evidence for admissibility, and especially field sobriety tests. Evidence must be obtained according to legal protocol, and officers can be questioned on the stand with respect to their personal judgment and zeal to make an arrest.
Field Sobriety Application
Any results of a field sobriety test are not valid evidence in any intoxicated driving case. This is why a designated breathalyzer is used to establish an exact alcohol measurement. The field sobriety test is merely a quick measurement of alcohol in the system with no ability to test for marijuana.
The officer can conduct an eye trail test with a flashlight or even require the suspect to walk heel-to-toe in assessing general impairment, but they have no other marijuana evidence unless the suspect has contraband in their possession.
A prescription for medical marijuana in Texas that contains THC is not a valid defense because all marijuana with a THC component is still illegal. Contesting arresting officer judgment is often the strongest defense available.
Always Protect Your Rights
Never assume a medical marijuana prescription will exonerate you from a DWI charge in Texas. This is still a serious criminal charge that requires strong defense from a Texas criminal defense attorney like the professionals at the Law Office of John Venza.
Call our team today (281) 817-8737 to learn more about how we can help protect your future over a consultation.