How Can a Defense Attorney Help With My Marijuana DWI Case in Texas?

 Posted on August 20, 2020 in DWI

For many people, alcohol is the first substance that comes to mind in relation to the offense of driving while intoxicated (DWI), but Texas law defines intoxication as having one’s mental and physical capacities impaired by the use of any drug or substance. As some states continue to legalize or decriminalize marijuana and THC products, many drivers are being arrested on DWI charges related to these specific substances. In Texas, where recreational marijuana use and possession remain illegal and medical marijuana is highly regulated, motorists may face harsh penalties for driving under the influence of marijuana. If you are facing marijuana DWI charges, you need a skilled criminal defense attorney who can help you contest and reduce the charges or avoid a conviction altogether.

Defense Strategies for Marijuana DWI Cases

While Texas specifies a blood alcohol concentration (BAC) of at least 0.08 percent for alcohol intoxication, there is no clear standard when it comes to marijuana or THC. This means that marijuana DWI charges and sentencing often come down to the testimony of law enforcement officers against the testimony of the defendant. A lawyer who has experience with marijuana cases can pursue defense strategies that may help you persuade the jury of your innocence. These strategies include:

1. Arguing that the police did not have reasonable suspicion or probable cause. If the police had no reason to suspect that you were breaking the law when they stopped your vehicle, or if they searched your vehicle without probable cause and attempted to use marijuana they found as evidence of your intoxication, a defense attorney can help you protect your Fourth Amendment rights and possibly have the charges dismissed.

2. Arguing that the police officer improperly administered or evaluated a field sobriety test. An officer may ask you to submit to a field sobriety test after pulling you over or use other means of visual and sensory assessment as justification for your arrest. If there is evidence that the officer administered the test incorrectly or erred in his or her assessment of your intoxication, your attorney can use these procedural mistakes to prove your innocence.

3. Arguing that the results of a THC blood test are inaccurate or unreliable. Researchers are still in the process of developing a reliable THC test that can determine intoxication at a specific point in time. Studies have shown that many current tests continue to show the presence of THC long after marijuana was used. Your attorney may be able to argue that the results of the test do not indicate intoxication at the time of arrest, or that there were errors in the administration or evaluation of the blood test.

Contact a McKinney DWI Defense Attorney Today

Although recreational marijuana is legal in certain states now, it is important to understand the implications its use can have when it comes to getting behind the wheel in Texas. At the Law Offices of Biederman & Burleson, P.L.L.C., we know that marijuana DWI cases can be complicated, but we have the experience necessary to help you present a strong defense. We will use a variety of strategies to contest the charges and attest to your innocence. Even if you are found guilty, we can help you reduce the charges or sentence, especially if you are a first-time offender. Contact a Frisco criminal defense lawyer today at 469-333-3333 to schedule a free consultation.

Sources:

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm

https://www.npr.org/sections/health-shots/2017/07/30/523004450/scientists-still-seek-a-reliable-dui-test-for-marijuana