Navigating DWI: Texas Laws on Marijuana and Alcohol

Driving while intoxicated (DWI) is a serious offense in Texas, and the laws governing DWI involving alcohol and marijuana are strict and complex. Understanding these laws is crucial for drivers in Texas, as they face severe consequences if convicted.

Key Takeaways

• Texas law strictly prohibits driving under the influence of alcohol or marijuana.
• The legal Blood Alcohol Concentration (BAC) limit in Texas is 0.08%.
• Marijuana intoxication for DWI does not have a legal limit; any level can result in charges.
• Penalties include fines, imprisonment, license suspension, and more.

Understanding Texas DWI Laws

Texas DWI laws are designed to deter impaired driving and promote road safety. These laws apply to both alcohol and marijuana, although they differ in how impairment is measured and prosecuted.

Alcohol-Related DWI

In Texas, driving with a BAC of 0.08% or higher is illegal. The penalties for alcohol-related DWI depend on several factors, including the driver's BAC level and previous DWI convictions.

Penalties for Alcohol DWI

• First Offense: Up to $2,000 fine, jail time (3-180 days), license suspension (up to 1 year).
• Second Offense: Up to $4,000 fine, jail time (30 days-1 year), license suspension (up to 2 years).
• Third Offense: Up to $10,000 fine, jail time (2-10 years), license suspension (2 years).

Marijuana-Related DWI

Despite recent efforts toward decriminalization, marijuana remains illegal in Texas. There is no legal limit for marijuana intoxication while driving; any detectable amount can lead to DWI charges.

Penalties for Marijuana DWI

The penalties for marijuana DWI are similar to those for alcohol, with additional consequences for drug possession.

• First Offense: Same as alcohol DWI, with possible drug possession charges.
• Subsequent Offenses: Increased penalties, including longer jail terms and higher fines.

Field Sobriety Tests and Evidence Collection

Field sobriety tests in Texas differ for alcohol and marijuana DWI cases. For alcohol, breathalyzers and blood tests are standard. For marijuana, officers rely on blood tests, eye exams, and observation of behaviors.

Gathering Evidence

Evidence of impairment can include:

• Odor of alcohol or marijuana.
• Slurred speech or erratic behavior.
• Drug paraphernalia.
• Failed field sobriety tests.

Legal Representation and Defense Strategies

If you're charged with DWI in Texas, hiring experienced legal representation is vital. Defense strategies may include challenging the validity of sobriety tests, questioning the legality of the traffic stop, or disputing the handling of blood samples.

Choosing the Right Attorney

Select an attorney specializing in DWI cases, with a track record of successfully defending against alcohol and marijuana-related charges.

Defending Your Case

• Alcohol DWI: Challenge BAC test accuracy, question the officer's observations.
• Marijuana DWI: Dispute the presence or level of THC, argue against subjective impairment assessments.

YouTube Resources

For more information, consider watching informative videos from the Law Office of Bryan Fagan:

• https://www.bryanfagan.com/video-center/criminal-defense/

DWI Facts and Statistics

Frequently Asked Questions

Q1: Can I refuse a field sobriety test in Texas?

A: Yes, but refusal can lead to license suspension and other penalties.

Q2: How does Texas define intoxication for DWI?

A: Intoxication is defined as not having normal use of mental or physical faculties due to alcohol or drugs.

Q3: Is marijuana decriminalized in Texas?

A: Partially, but it remains illegal to drive under its influence.

Q4: What is an ignition interlock device?

A: A device installed in vehicles to prevent operation by intoxicated drivers.

Exploring Legal Options

If charged with DWI in Texas, exploring all legal options is crucial. This includes understanding plea bargain possibilities, the implications of a conviction, and the potential for case dismissal based on legal technicalities.

Key Considerations

• Legal Representation: Hiring a qualified DWI attorney.
• Plea Bargains: Understanding the pros and cons.
• Trial: Preparing for the possibility of going to court.

Navigating the Aftermath of a DWI Charge

A DWI charge can have lasting impacts on your life, including employment, insurance rates, and personal relationships. It's essential to address these challenges proactively.

Life After DWI

• Employment Impact: Potential job loss or difficulty finding employment.
• Insurance Consequences: Increased rates and SR-22 requirements.
• Personal Relationships: Strain due to legal and financial stress.

Recovery and Moving Forward

• Rehabilitation Programs: Exploring options for alcohol or drug counseling.
• Community Service: Fulfilling court-ordered service.
• Restoring Driving Privileges: Meeting all legal and DMV requirements.

Remember, navigating DWI charges in Texas is complex, especially with the evolving laws on marijuana. Stay informed and consult legal experts to understand your rights and responsibilities.

Links for Additional Information

• https://www.bryanfagan.com/criminal-law/dwi-dui/
• https://www.bryanfagan.com/blog/2019/august/what-effect-will-a-dui-or-dwi-have-on-your-child/
• https://www.bryanfagan.com/blog/2024/january/texass-zero-tolerance-laws-for-underage-drinking-and-driving/
• https://www.bryanfagan.com/blog/2024/january/navigating-texas-dui-laws-on-alcohol-and-marijuana/
• https://www.bryanfagan.com/resources/lawyer-locator/