Houston DWI Marijuana Lawyer
The majority of people in Houston know that any time a driver operates a vehicle while under the influence of alcohol, they can be charged with driving while intoxicated (DWI). However, it is not only alcohol that can impair a driver and the law makes it very clear that driving while under the influence of drugs, such as marijuana, is also illegal. If you are pulled over and have marijuana in the car, you may face DWI charges as well as possession charges. A Houston DWI marijuana lawyer can help you beat these charges, and give you the best chance of retaining your freedom.
Our Houston DWI Marijuana Lawyer Explains Testing
When a police officer suspects someone is driving while under the influence of alcohol, they will usually use a breath test to confirm their suspicion. With a breath test, it is fairly easy to see if a driver is over the legal of 0.08 percent blood alcohol content (BAC), although these tests are not always reliable. Breath tests do not detect marijuana as easily, but law enforcement will use other ways to determine if someone is impaired.
During the traffic stop, a police officer may ask you to perform certain field sobriety tests to determine if you are under the influence of marijuana. Under the National Highway Traffic and Safety Administration (NHTSA), there are only three that are admissible in court. These are the one-leg stand, the horizontal gaze nystagmus, and the walk-and-turn. Still, the results of these tests are highly subjective and easily contested in court.
An officer may also take you into the station for chemical testing. While a breath test will not detect marijuana in the system, a blood or urine test will. However, THC, the psychoactive component in marijuana, can remain in the body for up to six weeks, meaning you can test positive even if you had not consumed marijuana for weeks.
Our Houston DWI Marijuana Lawyer Knows the Law on Refusing Testing
Texas has clear laws about testing during a DWI stop. Under the implied consent laws, all drivers are required to submit to chemical testing when asked by law enforcement. The law states that when a driver obtains their license, they have already implicitly agreed to this testing. However, this does not mean you cannot refuse.
Chemical test results are sometimes the strongest evidence the prosecution has, and they are not always reliable in DWI marijuana cases. In some cases, refusing a test is better than taking one, even though there are consequences. If you refuse a chemical test, your driver’s license is automatically suspended. This is a civil case rather than a criminal one, and you can request an administrative license revocation (ALR) hearing to argue for reinstatement.
Each case is different, so it is always wise to speak to a Houston DWI marijuana lawyer about the specifics of your case. You are also not legally required to perform field sobriety tests and there are no penalties for refusal.
Call Our Houston DWI Marijuana Lawyer Today
If you have been accused of driving under the influence, it is critical that you speak to a DWI marijuana lawyer in Houston today. At Ayson Law Firm, our skilled attorney has the necessary experience to contest chemical and field sobriety test results and get other evidence thrown out to help you beat the charges. Call us today at 832-209-2297 or contact us online to schedule a free consultation.