When most people think about DUI and DWI, they usually relate them to alcohol. However, as more and more states are legalizing marijuana for medical and recreational purposes, police are focusing on driving under the influence of marijuana.
DUI: Comparing Texas Marijuana Law With Other States
Starting in 2018, recreational use of marijuana was permitted in 10 states, including Alaska, Maine, Oregon, California, Nevada, Michigan, Vermont, Massachusetts, and Colorado.
Texas DUI laws include the illegal use of marijuana. Texas police have seen a dramatic increase in arrests for driving under the influence of alcohol and marijuana intoxication in recent years.
DUI is a serious offense under chapter 49.04 of the penal code. When you drink alcohol or take drugs, you lose your normal mental and physical capabilities to drive safely, endangering yourself and everyone else on the road.
If you have taken marijuana willingly, according to the law, you may be charged with a DUI/DWI. Alcohol consumption is tested by the concentration of alcohol present in the blood, but marijuana has the same impact on your body and mind. According to law, DUI also covers driving under the influence of marijuana.
DUI Marijuana and Testing
After being arrested for drunk driving, you must undergo a chemical test. Unlike drivers arrested for drunk driving or suspicion of drinking, those suspected of marijuana DUI cannot choose either a breath or blood test. The driver will be required to take a blood test since there is not currently a breath test designed to measure the level of marijuana in one’s system.
The results of blood tests are not immediately given to the defendant. Blood test results show the concentration of THC in the respondent’s blood sample. If the test result shows that the THC concentration is high, the prosecutor can use this data to prove the driver was impaired by THC when pulled over.
Sign of Marijuana Intoxication
Marijuana is considered one of the most used drugs in the world. However, you may face legal consequences if law enforcement has found that you possess or consume more than the legal limit.
Marijuana contains THC (Tetrahydrocannabinol), which is absorbed into the blood and causes drug effects. As the bloodstream carries the THC to the brain, you see the following effects:
● Hallucinations at high enough doses
● Loss of mental capacity
● Change of mood
● Difficulty in decision making
● Impaired memory
● Difficulty in normal movement
Penalties for Marijuana DWI
According to Texas Law, the following sanctions will be applied:
First offense
● Fine of $2,000
● 72 hours to 180 days imprisonment
● Cancellation of license for maximum one year
● A surcharge of $1,000 – $2,000 for the next three years
Second offense
● Fine of $2,000
● Imprisonment of 72 hours
● Cancellation of license for a maximum of two years
● A surcharge of $1,500-$2,000 for the next three years
Third offense:
● A third-degree felony
● Fine of $10,000
● Maximum of 10 Years Imprisonment
● Cancellation of license for a maximum of one year
● A surcharge of $1,500-$2,000 for the next three years
Contact an Experienced Texas DWI Attorney Today.
If you or your loved one were arrested and charged with driving under the influence of marijuana in Texas, contact the attorneys at Abel Law Firm today to schedule a consultation.