Beating A Marijuana DWI Charge
Going through the process of being charged with driving while intoxicated (DWI) in Texas is serious enough, but when marijuana is involved, the case could become even more complex. Unlike alcohol-related DWIs, which rely on measurable blood alcohol content (BAC), there is no clear scientific standard for marijuana impairment. That means law enforcement and prosecutors often lean heavily on subjective observations and inconsistent testing methods.
If you’ve been charged with a marijuana DWI in Houston or anywhere in Texas, it’s crucial to understand your rights and legal options. Protect your future by contacting a Houston DWI lawyer who is familiar with state law and has the experience to fight for your rights.
The Challenges of Proving Marijuana Impairment
One of the key hurdles in a marijuana DWI case is proving that a driver was actually impaired at the time of the stop. Tetrahydrocannabinol (THC), the active ingredient in marijuana, can remain detectable for days or even weeks after use. A positive test result does not mean the driver was impaired when they were behind the wheel.
In most marijuana DWI cases, prosecutors rely on field sobriety tests, office observations, and toxicology reports. Field tests are highly subjective and were designed to detect alcohol impairment, not marijuana. Factors like fatigue, medical conditions, or nervousness can impact performance. And while police may claim a driver had bloodshot eyes, slurred speech, or the smell of marijuana in the car, these signs are not exclusive to intoxication.
Because proving marijuana-related impairment is so tricky, there are several legal defenses that may be available to you.
- Lack of probable cause. If the officer had no legal reason to stop you in the first place, your charges could be dismissed entirely.
- Improper testing procedures. When blood or urine samples were not collected, stored, or analyzed properly, the results may be inadmissible in court.
- No evidence of impairment. Simply having THC in your system is not enough for a conviction. Your lawyer can argue that there was no indication of actual impairment while driving.
- Challenging sobriety tests. Your attorney may bring in experts to demonstrate that these tests are unreliable in detecting marijuana intoxication.
- Violation of rights. If your rights were violated during the stop, arrest, or investigation, some evidence may be thrown out.
The consequences of a marijuana DWI conviction in Texas can include license suspension, fines, mandatory drug education, probation, or even jail time. Additionally, a criminal record can impact your employment, housing, and reputation.
How a Lawyer Can Help
A knowledgeable Houston DWI lawyer can identify weak spots in the prosecution’s case. Next, they can cross-examine experts to challenge their conclusions and file motions to suppress improper evidence. Negotiating for reduced charges or a dismissal could also be possible. Marijuana charges are often based on murky legal and scientific ground, but that doesn’t mean they aren’t aggressively pursued.
Were you pulled over because an officer believed you were under the influence? If you’re facing a marijuana-related DWI in Houston, don’t navigate the system alone. Talk to the legal team at Ayson Law Firm. To schedule a confidential consultation, contact us.
