skip to Main Content
Can You Get A Marijuana DWI?

Can you get a Marijuana DWI?

It is illegal to use marijuana in the state of Texas.  However, the push for legalizing marijuana in Texas has gained momentum, and Texas may soon consider decriminalizing and legalizing marijuana.

Even if the legalization of marijuana in Texas become a reality, it still will be illegal to drive under the influence of the drug.  Chapter 49.04 of the Texas Penal Code states you can be found guilty of DWI if it is shown that either you lost the normal use of your mental faculties, physical faculties, or you had a BAC of .08 or greater at the time you were driving; impairment can be due to alcohol, a drug, a controlled substance, a dangerous drug, or a combination of both alcohol and drugs.

The Effects of Marijuana on Drivers

The effects of marijuana can impact a person’s ability to drive, specifically by impairing your mental faculties of motor coordination, judgement, and reaction time.  Some of the effects of marijuana can include altered senses of time and space perception, changes in mood, impaired memory, and impaired body movement.  When taken in high doses, the effects can include delusions, hallucinations, and psychosis.

Any amount of THC from marijuana found in a person’s system is enough to charge the person with DWI.  However, unlike with alcohol where a 0.08% BAC is the legal limit of alcohol you can have while driving, there is no specified amount of THC that can be considered legal while driving.

Testing for Marijuana DWI

The most common method currently used to detect THC is a blood test.  While a blood test can determine the presence of THC, it is not a completely reliable way of determining if a person was intoxicated by marijuana while driving.  Another way the police may determine what, if any, drugs a person may be on is to summon a “Drug Recognition Expert” to the scene to interview the person.

Penalties for Driving Under the Influence of Marijuana

The penalties for DWI with marijuana are the same as penalties for DWI with alcohol.

First Marijuana DWI

In Texas, a first DWI conviction is a Class B misdemeanor. As a result, penalties for a first conviction may include:

  • $2,000 maximum fine
  • 180 days in jail
  • 100 hours of community service
  • 12 months suspension of your driver’s license.

Second Marijuana DWI

A second DWI conviction is a Class A misdemeanor. Therefore, penalties for a second conviction may include:

  • $4,000 maximum fine
  • 365 days in jail
  • 200 hours of community service
  • 24 months suspension of your driver’s license.

Third+ Marijuana DWI

A third and any subsequent DWI convictions is a Third Degree felony. Consequently, penalties for third and subsequent convictions may include:

  • $10,000 maximum fine
  • 2-10 years in jail
  • 600 hours of community service
  • 24 months suspension of your driver’s license.

You Need a Houston DWI Lawyer to Defend Your Marijuana DWI Case.

Above all, if you are facing DWI charges in Houston or the surrounding area, contact contact Houston DWI attorney  Clyde Burleson immediately at 713-628-1503.  You only have 15 days to save your license by requested an ALR hearing so do not delay.

Back To Top