Dallas Marijuana-Related DWI Lawyer
Being charged in Texas with a marijuana-related DWI can be a scary experience, especially because of Texas laws on marijuana use and possession. Although many other states have legalized marijuana use for specific purposes, Texas has largely resisted legalization. Thus, the consequences and penalties for marijuana-related DWI are serious.
This means that you need a skilled legal defense to protect your rights in the face of DWI. If you or a loved one is facing a marijuana-related DWI charge, you should contact Dallas DWI lawyer William ‘RJ’ Harber at (214) 389-1189. RJ Harber has over a decade of criminal defense experience and will help you understand the road ahead.
What is the legal limit for THC?
Unlike alcohol DWIs which have a set blood alcohol limit, there is no clearly defined amount of THC allowed in a person’s system while driving. Instead, Texas criminalizes possession. The prosecutor may also try to use the results of a blood or urine test.
Because it may be difficult to determine the amount or effect of THC, it is important to consult with a lawyer about your case. The testing methods for marijuana presence vary widely and are unpredictable for determining overall impairment.
What are the laws that regulate marijuana-related DWIs?
Many individuals rely on marijuana for medicinal purposes, yet it’s rare for such use to be a valid defense in Texas courts. The Texas Compassionate Use Act creates a small exception for medicinal CBD oils. As such, it is important to understand the legal consequences for a marijuana-related DWI. You could be prosecuted for more than just a DWI, and should begin building a robust defense immediately.
Under the Texas Health and Safety Code, knowing or intentional possession of marijuana remains illegal. If a DWI stop leads to a search and seizure, you could also be charged with possession or other charges under the Texas Controlled Substances Act or the Texas Penal Code. Depending on the circumstances of your case, you may even be subject to federal penalties.
The law in this area is complex and continually changing. Given the potential for facing multiple types of charges in addition to your DWI charge, it is critical to speak with an attorney about your case.
What are the penalties or charges I could face?
DWI penalties according to the Texas Department of Transportation (TxDOT) includes:
- 1st DWI offense
- A fine of up to $2,000
- Between 3 and 180 days in jail
- License suspension for up to a year
- An annual fee of $1,000 or $2,000 for three years to retain your driver’s license
- 2nd DWI offense
- A fine of up to $4,000
- Between 1 month and 1 year in jail
- An annual fee of $1,000, $1,500, or $2,000 for three years in order to retain your driver’s license
- 3rd DWI offense
- A $10,000 fine
- Between 2 to 10 years in prison
- An annual fee of $1,000, $1,500, or $2,000 for three years in order to retain your driver’s license
Moreover, you could face additional penalties for possession or other drug charges. This may result when, for example, a DWI arrest is accompanied by a search of your vehicle and belongs. If marijuana, THC concentrates, or other drugs are found, the prosecution will likely add more charges against you. Criminal penalties for marijuana possession begin at a Class B misdemeanor and get progressively severe, including further fines and jail time. The penalties for THC concentrates are even harsher. However, the style of prosecution may vary based on the county.
Why do I need a lawyer to defend me against a marijuana-related DWI charge?
Given the strict laws in Texas criminalizing marijuana, it is critical that you hire an experienced lawyer. Your lawyer will be able to critically analyze all aspects of your case and explain some of the consequences of a marijuana DWI conviction. This will include reviewing the facts, investigating your case, and skillfully applying relevant state and federal laws.
Different counties may also use different approaches to prosecuting cases involving marijuana. You need an attorney who understands how deferred prosecution and other programs work, and whether they exist, in your county. In that way, you will be able to determine your eligibility for applicable programs.
Why should I choose RJ Harber to represent me?
RJ Harber understands how prosecutors think because he is a former prosecutor. Because of this, he is capable of anticipating some of the common tactics used by prosecutors. This allows him to build strong defenses for his clients. You deserve a criminal defense lawyer who can think two steps ahead at all times.
With an experienced DWI lawyer, you may be able to minimize your charges or participate in a deferred prosecution program. RJ Harber knows how to negotiate with prosecutors and build a strong defense for his clients. He also thoroughly investigates the facts of each case to gather evidence that will help your defense. This will include a review of all police conduct to ensure that your constitutional rights were not violated.
Improper police behavior during a marijuana-related DWI stop could have severe consequences. You may be entitled to suppression of any evidence that was obtained improperly. RJ Harber is an experienced trial attorney, and he will negotiate, argue motions, and zealously defend your legal rights.
Contact RJ Harber For Help
If you or a loved one has been charged with a marijuana-related DWI charge, you should talk with a local lawyer who understands the courts and deferment programs in your county. Dallas DWI lawyer RJ Harber has the experience you need to protect your rights and fight against your charges. Contact RJ Harbor immediately at (214) 389-1189 or online for a confidential consultation.