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What Happens If Police Catch You Driving While High on Marijuana? 

 Posted on March 01, 2023 in Criminal Defense

tarrant county dwi defense lawyerMany states have legalized or decriminalized the use of marijuana or cannabis. However, possession, sale, and cultivation of marijuana remain illegal in Texas - save for specific medical exceptions. It is also strictly against Texas law to drive while under the influence of cannabis.

Driving after smoking or otherwise consuming a marijuana product can lead to charges for driving while intoxicated (DWI). If an individual has cannabis inside the vehicle, he or she can face additional charges for drug possession.

If you or someone you care about has been charged with DWI involving marijuana or another marijuana-related offense, do not make the mistake of underestimating the seriousness of the situation. These offenses can lead to jail time, steep fees, and irreparable damage to your personal and professional reputation. Contact a criminal defense lawyer for help defending yourself against the charges.

Consequences of Drugged Driving Charges in Texas

Bloodshot eyes, impaired coordination, nervous behavior, and the smell of marijuana smoke are all red flags police look for during traffic stops. If a police officer suspects a driver of driving while impaired by marijuana or other substances, he or she will likely administer a field sobriety test. This test will look for signs of intoxication, such as impaired balance and inability to focus. If there is sufficient evidence of impairment, the officer may arrest the person for DWI. The driver will likely be required to submit to a urine or blood test to test for THC, the psychoactive component in marijuana.

The criminal and administrative penalties for DWI involving marijuana are the same as drunk driving penalties. If charged with DWI, you face fines, driver's license suspension, and three to 180 days in jail for a first offense. The penalties are greater if you have previously been convicted of DWI in the past or there are certain aggravating circumstances, such as having a child passenger in the vehicle.

Many people who are arrested for DWI involving marijuana end up being charged with additional offenses. For example, if an officer smells marijuana in the vehicle during the traffic stop, he or she may search the vehicle and discover marijuana products or paraphernalia. This will lead to additional criminal charges. An individual in this situation is strongly advised to seek legal counsel as soon as possible.

Contact Fort Worth Criminal Defense Lawyer Craig A. Dameron

DWI charges can lead to substantial penalties, including loss of your driver’s license and even jail time. The penalties are even greater if you are also charged with drug possession or a related offense. Tarrant County criminal defense attorney Craig Dameron can advocate on your behalf and protect your rights as a criminal defendant. Call The Dameron Law Firm at 817-222-0624 and schedule a free initial consultation to learn more.


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