Texas is not a state that has decriminalized marijuana. If you are pulled over for suspicion of DWI and the officer smells marijuana, then you can face charges for DWI for marijuana intoxication (even if you don't blow over the legal limit for alcohol).
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Any substance that could affect your ability to operate a vehicle can lead to charges of DWI, including marijuana or legally prescribed medications. In Texas, there is a system in which a "Drug Recognition Expert" is called to the scene to try to determine what drug you may have consumed. You could be required to submit to a blood or urine test to identify the substance.
These cases can get complex. Even if your chemical test reveals THC from marijuana, the amount that would definitively prove that you were intoxicated is not as clear cut. If you are currently accused of marijuana intoxication and charged with a DWI offense, it is important that you get in touch with counsel to defend you. There are several ways that a defense could be successful, but your case is unique and the circumstances and evidence must be analyzed.
Were you pulled over illegally, as you were not breaking the law? This is not uncommon, and if so, a skilled Fort Bend County DWI lawyer will take action to get the charges dismissed. You may have had a fever, were tired, or any number of situations that could explain a driving error, including just a case of distracted driving.
Contact a DWI Defense Attorney in Fort Bend County
Don't get railroaded by the tough Texas criminal justice system. Your defense should start early – immediately after your arrest. There are real problems with cases involving marijuana intoxication, as a blood test could reveal the substance many weeks past the time you inhaled the substance. Nonetheless, you will face charges of DWI. Don't take chances with this offense. If marijuana was found in your vehicle or on your person, the situation is even more dangerous, as the law in the state still allows for some very heavy punishments for marijuana possession. At the Rosen & Kovach, PLLC, we know exactly what to do. Your first action should be to contact us.