DWI First Offense – Marijuana or Prescription Drugs

December 13, 2021

There is a very broad interpretation of what it means to be “driving while intoxicated.” Although it is not technically possible to prove a certain level of intoxication when using a substance other than alcohol, like marijuana or prescription drugs, you can still be arrested and charged with a DWI. It is important to contact a qualified defense attorney to help you beat these charges and win your case.

What To Expect:

If you are arrested for a DWI defense, you will be asked to consent to a blood test to measure your blood alcohol concentration level. Due to the nature of marijuana and prescription drugs, it is difficult to prove the extent of impairment or intoxication.

Because marijuana be detected in a urine test for up to 30 days and a hair test for up to 6 months, it is impossible to prove without a doubt that a person had marijuana in their system at the time of an arrest for driving while intoxicated.

A blood test that is taken at the time of a DWI arrest can give information about the level of THC in the body, but it cannot show whether a person’s mental and physical faculties were impaired at the time of the arrest. Regardless of the results, an experienced attorney is necessary for your defense.

You might not realize it, but you can also be arrested for driving while impaired by prescription drugs. Drugs that fall under the category of central nervous system (CNS) depressants, like Xanax or Valium, and drugs that are classified as narcotic analgesics, like codeine, Oxycontin, Percoset, Lortab or morphine, can impair your mental and physical abilities. Driving while taking these prescription drugs can result in a DWI arrest.

It is difficult for prosecutors to prove that the defendant was intoxicated only based on the amount of prescription drug in a blood test. With the help of an experienced attorney, you have a better chance of a positive outcome to your trial.

Possible Punishment:

The possible punishment for a first time DWI with marijuana or a prescription drug as the intoxicating substance is a Class B Misdemeanor in Texas. It carries a maximum punishment of 180 days in jail and a $2,000 fine.
You also face a $3,000-$6,000 State Traffic fine.

How Steve Dennis Can Help:

An experienced attorney is essential when the case goes to trial. In the case of an intoxicating substance like marijuana or prescription drugs, it is easier for the defense to argue that there is no reliable way to determine the amount of intoxicating substance present in the defendant’s body at the time of the arrest and no valid way to determine the extent of the impairment caused by the intoxicating substance. This could lead to a dismissal of the charges.