Texas does not provide a specific statute for driving while under the influence of marijuana, so these laws fall under the state’s general Driving While Intoxicated (DWI) laws.
Texas Penal Code 49.01 defines a DWI as having an alcohol blood content of 0.08 grams or more per 210 liters of breath, 100 milliliters of blood or 67 milliliters of urine. Alternately, the presence of more than a “normal” amount of any drug or controlled substance is enough for a DWI conviction.
Austin Marijuana DWI Lawyer
A driving while intoxicated charge can alter your life and future.
Kevin Bennett is a practiced criminal defense attorney in the larger Austin, Texas area. He has been managing and negotiating DWI and other intoxicated-related offenses in Texas criminal courts for years. Kevin Bennett is compassionate about his client’s situations and wants to do all he can to help you get the best possible results for your DWI case.
The Law Office of Kevin Bennett accepts clients in the greater Travis County area and surrounding cities including West Lake Hills, Rollingwood, Austin, San Marcos, Georgetown, Lago Vista, and Sunset Valley.
Contact an attorney who puts you first. Call (512) 476-4626 or submit an online contact form for a free consultation today.
- Understanding Texas’s DWI Laws
- Penalties for DWI Charges
- Common Defense Strategies for DWI Charges
- Additional Resources
- Hire a Marijuana DWI Lawyer in Austin, Texas
Texas Drug DWI Laws
In 2015, Texas passed the Compassionate-Use Act, which allowed for the first legal use of low-THC cannabis products in the state for certain patients. The bill was expanded in 2019 and 2021 to patients with epilepsy, autism, cancer and PTSD. THC, or tetrahydrocannabinol, is the primary psychoactive chemical responsible for marijuana’s “high”.
The laws around using THC products and driving are semantically the same as any other prescription. Any “normal”, i.e. prescription amount, is acceptable, so long as you do not pose a danger to others or yourself on the road. However, just like prescription codeine or even Tylenol, there is a limit to the freedoms allowed while operating a vehicle.
In addition, if you do not have a prescription, any amount of THC in your system is considered “abnormal”.
All first-time DWIs in Texas are Class B Misdemeanors, with exceptions for DWIs that causing property or bodily damage or death.
Penalties for Marijuana DWI
Texas’s DWI penalties follow a schedule that increases with each repeat offense.
First DWI
Class B Misdemeanor:
- Imprisonment for up to 6 months
- Fine of up to $2,000
Second DWI
Class A Misdemeanor:
- Imprisonment for 1 month to 1 year
- Fine of up to $4,000
Third DWI
Third-Degree Felony:
- Imprisonment of 2 to 10 years
- Fine of up to $10,000
Collateral Consequences
If you are convicted of a DWI, you may face license suspension, deferment on permit application and even impounding of your vehicle in extreme cases.
DWI Defenses
There are a number of defenses that your lawyer may employ to protect you in a DWI case.
- Medical Use: It is an affirmative defense that a defendant has a prescription for medical THC use. If you have a medical prescription, then you may be entitled to a certain blood level. Your lawyer will then need to argue that you were unaware that you would be effected to the level that you were.
- Rising Blood THC Levels: Marijuana affects individuals differently, and the psychoactive effects may not be immediate. It’s possible to argue that your THC levels were rising after consumption and were not at impairment levels at the time of driving.
- Questioning Traffic Stop: Similar to other DWI laws, you can challenge the validity of the traffic stop. If the stop was conducted for illegal reasons, then you may be able to challenge any evidence that comes as a result of the stop.
Additional Resources
Texas Penal Code Title 10 § 49.04 – Visit the Texas Penal Code and read the statutory language for intoxication and alcoholic beverage offenses. See the specifics for DWIs, the adjoining penalties, and the circumstances that can enhance your penalties.
Alcohol-Related Offenses – Visit the website for the Texas Department of Public Safety, and read their citizen’s guide to alcohol-related offenses. Read the casual language surrounding DWIs including their penalties, specifics, and enhanced penalties.
Texas Medical Marijuana Laws – Read about Texas’s medical marijuana guidelines.
Hire a Marijuana DWI Defense Attorney in Austin, Texas
The Law Office of Kevin Bennett accepts clients in the greater Travis County area and surrounding cities including West Lake Hills, Rollingwood, Austin, San Marcos, Georgetown, Lago Vista, and Sunset Valley.
Contact an attorney who puts you first. Call (512) 476-4626 or submit an online contact form for a free consultation today.
