You can get a DWI or DUI for drugs that are illegal and for perfectly legal prescriptions if they impair your driving.
Many states across the country have opted to legalize the use of marijuana for medical reasons, and a small handful of others have even taken the step of legalizing it for recreational reasons. Here is an updated map of the legal status of marijuana in all 50 states. The state of Texas remains one that bans any use of the substance for any reason, with the exception of 2015’s Senate Bill 339. This Bill permits patients suffering from intractable epilepsy to seek treatment using a low-THC CBD oil. While there is more research and literature now on the beneficial uses of marijuana for treating medical conditions, it should not be taken too lightly. Like alcohol, it is a mind-altering substance, even when being used for authorized or medical reasons.
Although DWI’s usually apply to drunk drivers, “DWI” stands for Driving While Intoxicated, not drunk driving. Intoxication is defined as “a state in which a person’s normal capacity to act or reason is inhibited by alcohol or drugs.” Smoking marijuana or consuming products with THC before or while operating a motor vehicle anywhere in Texas could find themselves with a very costly driving while intoxicated charge. It does not matter that this type of charge is most commonly used for those who consume alcohol, or what kind of motor vehicle (motorcycles, mopeds, and scooters are all motor vehicles) is being operated.
The most common effects that marijuana generally has on an individual are not conducive to good driving. These include: relaxation, euphoria, disorientation, altered perception of space/time, drowsiness, paranoia, distortion of images, and increased heart rate. Any combination of these effects can impair a driver and needlessly endanger themselves and other drivers and pedestrians.
While the actual effects on an individual can vary depending on the person, they can all impair judgement (especially while driving). Texas Penal Code Ann. 49.04 states that a motorist can legally be charged with a DWI if they are unable to maintain the normal use of their mental or physical faculties thanks to the use of marijuana. This means that any amount of marijuana found in someone’s system resulting from a drug test can be used by the state to prove that they were driving under the influence. However, there isn’t actually a state law that says any level of marijuana or its active or inactive metabolites is technically illegal or a level that actually causes impairment because it’s banned almost across the board.
Here are the basic penalties for DWI convictions in Texas:
*First offense: 3-180 days in jail, up to $2,000 fine (unless a child under age 15 was in the car), license suspended for 90 days-1 year
*Second offense: 30 days-1 year in jail, up to $4,000 fine (unless a child under age 15 was in the car), license suspended for 180 days-2 years
*Third/subsequent offense: 2-10 years in jail, up to $10,000 fine, license suspended for 180 days-2 years
There are also additional penalties that may be included or added to the charge:
*Community service
*Therapy/rehabilitation
*DWI school
*Vehicle impounded
If marijuana is found to be in your possession, you could also be hit with a drug charge as well. While some counties throughout Texas no longer prosecute low-level marijuana possession, they continue to use the possession to prosecute for DWI with marijuana. This means that, if found guilty of DWI with marijuana in the vehicle or on your person, you could be hit with jail time and additional fines.
If an officer suspects DWI by marijuana or any other type of drug, there are twelve specific steps that a driver is expected to go through by a drug recognition expert officer in order to determine whether or not a driver is actually impaired, as well as what type of drug actually impairs driving capabilities. These twelve steps are as follows:
*Breath alcohol test
*Suspect interview
*Preliminary exam
*Eye exam
*Divided attention tests
*Vital sign exam
*Darkroom exam
*Muscle tone exam
*Exam of common injection site
*Consideration of subject statements and actions
*DRE officer opinion
*Chemical test to detect drugs
DWI drug charges can be intimidating and can often intimidate someone to plead guilty. Remember that a conviction never really goes away for most people. Here are a few things that you should consider before entering any kind of a plea:
*Never enter a guilty plea, especially if it’s a first offense. Obtain all the facts beforehand with the assistance of an experienced DWI attorney.
*Never assume you can’t get out of a conviction because you’re guilty of the offense.
*Take the time to consider the consequences of a DWI drug conviction.
You should also consider a defense against a DWI marijuana charge as well, and you can do so by asking the following questions:
*Did the officer have a valid reason for stopping your vehicle?
*Were you asked to perform a standard field sobriety test, and was it administered properly?
*Was there probable cause for the arrest?
*Were any mistakes made by the police?
*Were you justified in refusing a breath or blood test?
*Are the test results accurate and reliable?
Thank you for reading the legal news blog of The Law Office of Gabriella Young. We are an Austin, Travis County, and Williamson County criminal defense law firm and our jail release assistance is available 24/7. We are dedicated to our clients and their futures, and will handle your case with compassion and dedication!