Posted on 2/10/20

It is a common belief that driving a car intoxicated is related to alcohol consumption. However, if you are caught driving under the influence of marijuana, you may be charged with this offense as well. If a police officer stops you and finds that the use of marijuana reduced physical and/or mental strength to drive properly, you may be arrested for driving while under the influence (DWI).

You must undergo chemical urine and/or blood test to determine the presence of drugs in your body. Since cannabis can remain in the body for several weeks, the accuracy of these tests may decrease. It is difficult to prove that you were really under the influence of drugs when you were arrested. You can refuse a chemical test, which is your right, however, refusal may cost you your driver’s license.  

The prison sentence for driving in a state of intoxication from marijuana is the same as the prison sentence for driving under the influence of alcohol. If you are arrested with marijuana intoxication as a first offense. This will likely be treated as a Class B misdemeanor. You may be sentenced to imprisonment of 72 hours and a fine up to $2,000 and also the temporary suspension of license.

If law enforcement officials find a drug in your car when you are arrested for DWI, you will likely be charged with additional drug-related costs, such as the possession of drugs and drug-related paraphernalia. The consequences of these charges can be far more serious than those of drunk driving. They can include fines, fees, community service, and prison sentences.

Signs of Marijuana Intoxication

There are some symptoms, or signs, that indicate that you may have been driving under the influence of marijuana. These include:

●      The smell of marijuana consumption in the car

●      Driving very slowly

●      Strange driving

●      Face difficulty while talking

●      Glassy looking eyes

●      Reduced driving skills 

Defenses to Marijuana DWI Charges

When a person is suspected of driving under the influence of alcohol, they are given a breath test to determine blood alcohol content or BAC. Similar to driving under the influence of alcohol, if a person is suspected of driving under the influence of marijuana, a blood and/or urine sample are taken to test for the presence of THC (the main psychoactive component present in marijuana). Blood samples taken from marijuana or urine tests may be erroneous and may help in court. The drawback may be the accuracy of the test.

In addition, marijuana has some medical benefits. However, this can also be a threat to road safety. You must be careful using marijuana before driving. Medical marijuana treatment may be a possible defense against your charges.

Contact an Experienced Criminal Defense Attorney

If you are accused of marijuana DWI, it is important to consult with an experienced lawyer in Texas, who has experience of dealing with previous cases and to know what types of evidence the prosecution often relies on to convince such cases. Contact the attorneys at Abel Law Firm today to schedule a consultation.

Flower Mound Office

Phone: 972.584.7837

Denton Office