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Can You Get a DWI for Driving While High in Texas?

 Posted on February 18, 2022 in DWI

TX defense lawyerAcross the nation, many states are adopting marijuana use for medical and recreational purposes. However, marijuana use is still illegal in Texas. Furthermore, it is strictly against the law to drive while intoxicated by marijuana or cannabis. Marijuana can worsen a driver’s coordination and ability to concentrate. The drug also increases reaction time which means that it will take longer for the driver to react to dangerous conditions on the road such as a stopped vehicle or fallen truck cargo. For these reasons, driving while high on marijuana is against the law. Individuals who do drive high can be charged with driving while intoxicated and subjected to significant penalties.

Driving While Under the Influence of Marijuana

When we think of DWI charges, we usually assume that the driver was under the influence of alcohol. However, you can also get a DWI for drugged driving. For alcohol, the legal limit is 0.08 percent blood alcohol content (BAC). However, there is no legal limit when it comes to marijuana. Having any amount of marijuana in your system while operating a car can lead to DWI charges.

How Do Officers Know if a Driver Has Consumed Cannabis?

Many drivers wonder how an officer can tell that they have used marijuana or cannabis products like edibles. When determining if a driver is impaired by drugs, law enforcement may look for signs such as:

  • The smell of marijuana smoke
  • Marijuana products or paraphernalia such as rolling papers
  • Red, bloodshot, glassy, or teary eyes
  • Decreased reaction time
  • Poor concentration
  • Unusual speech patterns
  • Disorientation

What Are the Penalties for Driving While High?

The criminal penalties associated with drugged driving DWI charges are the same as alcohol-related DWI charges. For a first-time DWI conviction, the offender may face 3-180 days in jail, a maximum fine of $2,000, and a license suspension of 90 days to one year. If you get a second DWI, you could be incarcerated up for up to one year, fined up to $4,000, and have your license suspended for 180 days to two years. A third or subsequent DWI is punishable by 2 -10 years in prison, a maximum fine of $10,000, and a two-year license suspension.

Contact a Colling County Drugged Driving Defense Lawyer

If you or a loved one got a DWI for driving under the influence of marijuana, contact Law Offices of Biederman & Burleson P.L.L.C. for help. Our Frisco DWI defense lawyers can help you craft a strong defense against the charges. We can also help take the steps needed to apply for diversionary programs that may reduce your penalties. Call 469-333-3333 for a confidential consultation.




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