Legal Strategies for Beating a DWI Marijuana Charge

 Posted on April 26, 2023 in Criminal Defense

Driving while under the influence of marijuana can result in serious legal consequences, including hefty fines, license suspension, and even jail time. In Texas, driving while intoxicated (DWI) laws apply to alcohol and drugs, including marijuana. Being charged with a marijuana DWI can be a frightening and overwhelming experience, but there are defense strategies that can be used to fight the charges. To combat these charges, hire a DWI attorney to understand your rights and legal options.

Overcoming a DWI Marijuana Charge 

Here are examples of legal strategies when fighting a DWI marijuana charge, including:

• Challenge the Stop – The police must have a valid reason to pull over a driver. If the stop was not justified, any evidence obtained during the stop may not be able to be used in court. A skilled attorney can review the circumstances of the stop to determine if there were any legal grounds for the stop.

• Challenge the Field Sobriety Tests – Police officers often use field sobriety tests to determine if a driver is under the influence of drugs or alcohol. However, these tests can be unreliable and inaccurate, particularly in cases involving marijuana. As a result, a skilled attorney can challenge the validity of the field sobriety tests and argue that they are insufficient evidence of impairment. 

• Challenge the Blood Test Results – In Texas, if a driver is suspected of driving under the influence of drugs, they may be required to undergo a blood test. However, strict rules govern the collection, handling, and analysis of blood samples. Therefore, a qualified attorney can challenge the accuracy of the blood test results by reviewing the procedures used to collect and analyze the sample.

• Challenge the Officer’s Observations – Police officers often testify about their observations of a driver’s appearance and behavior during the traffic stop. However, these observations can be subjective and may not be reliable indicators of impairment. Therefore, a skilled attorney can challenge the officer’s observations by presenting evidence contradicting their testimony. 

• Argue that Marijuana Use was Not Recent – Marijuana can remain in a person’s system for several days or weeks after use, complicating the prosecution’s case. A skilled attorney can argue that the driver was not actually impaired at the time of the traffic stop and that marijuana use was not recent enough to have caused impairment. 

Contact a Collin County DWI Attorney

Contact the Plano DWI lawyers with Law Offices of Biederman & Burleson P.L.L.C. for the highest quality legal representation. Call 469-333-3333 for a free consultation.

Source:

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.49.htm