Driving while intoxicated (DWI) is very serious crime in Texas. Under Texas statutes, a person is legally intoxicated in Texas when their blood alcohol concentration reaches 0.08% or if their physical or mental faculties are impaired to the point it’s unsafe to drive. If a person is discovered carrying marijuana in their car, however, they could be charged with drug possession alongside DWI.

A marijuana DWI offense carries various consequences aside from steep fines, jail and/or prison time. If you or someone you know have been charged with DUI in Texas based upon suspected marijuana use, it’s best to seek the legal representation of a skilled marijuana DWI attorney.

Texas Marijuana DWI Defense Lawyer in Georgetown

If you’ve been charged with a marijuana DWI offense in Williamson or Bell County or the surrounding areas in Texas, it imperative that you hire an experienced defense attorney as soon as possible. Our DWI attorneys at Price & Twine, PLLC carry decades of combined experience handling criminal defense cases like yours, including various types of DWI.

Don’t wait another moment to fight for your freedom. Price & Twine, PLLC represents clients throughout the greater Georgetown metropolitan area and surrounding areas including Round Rock, Cedar Park, Leander, Taylor, Hutto, Killeen, Temple, Belton or Harker Heights. Call us today at (512) 354-1880 to receive a consultation free of charge.

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Texas Definition of DWI

Per Texas Penal Code Sec. 49.01, DWI is the operation of a motor vehicle while intoxicated in a public place. In the state of Texas, driving under the influence (DUI) is also known as driving while intoxicated (DWI). “Intoxicated” is defined as having an alcohol concentration of 0.08 or more. According to the statute, intoxicated is also defined as not having the normal use of mental or physical faculties due to the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances.

Usually, law enforcement offers will arrest you if they perceive your mental and physical faculties have been impaired to the point that you can no longer drive safely. The officer may utilize a DWI test refusal, slurred speech, or unusual behavior as evidence of impairment.

Therefore, you should never take DWI charges lightly. If you or someone you know has been charged with driving under the influence of marijuana, it’s important you gain trusted legal representation. Don’t wait another moment to resolve this issue.

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Texas Marijuana DWI Penalties

What penalties you could face with a DWI marijuana conviction in Georgetown, TX depends on various factors. This includes if it is your first or subsequent DWI offense, if multiple DWI offenses have been committed within a specific amount of time, and if a child was present during the offense. However, a DWI offense tied with marijuana in Texas comes with the following penalties:

Marijuana DWI in Texas First Offense – Class B Misdemeanor

  • A fine of up to $2,000
  • Up to 180 days in jail
  • Up to 100 hours of community service
  • Driver’s license suspension of up to one year
  • Completion of a 12-hour DWI Education Program

Marijuana DWI in Texas Second Offense – Class A Misdemeanor

  • A fine of up $4,000
  • Up to 12 months in jail
  • Up to 200 hours of community service
  • Completion of a DWI Education Program
  • Driver license suspension for up to two years

Marijuana DWI in Texas Third or Subsequent Offense – Third-Degree Felony

  • A fine of up to $10,000
  • Up to 10 years in prison
  • Up to 200 hours of community service
  • Driver license suspension for up to two years

Steep fines, jail time and a suspended license are not the only penalties you will have to face if convicted of marijuana DWI in Texas. You may also be required to pay a fine of up to $2,000 for three years. An experienced Texas DUI defense lawyer will work hard to fight against these charges and protect your rights. Contact Price & Twine, PLLC to obtain a favorable outcome on your case.

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Possession for Marijuana DWI in Georgetown, TX

If you were in possession of marijuana during the DUI stop, you could possibly be charged with possession alongside DWI. The steepest penalty for possession is up to 99 years in prison combined with a $50,000 fine if an individual is caught with more than 2000 pounds of marijuana.

  • Under 2 oz. marijuana – Class B misdemeanor, up to 180 days in jail and a fine of up to $2,000
  • More than 2 oz. but less than 4 oz. of marijuana – Class A misdemeanor, punishable by up to 1 year in jail and a fine of up to $4,000.
  • More than 2 oz. but less than 5 lbs. of marijuana – State jail felony, up to 2 years in jail, and a fine of up to $10,000.
  • More than 50 lbs. but less than 2000 lbs. – Second degree felony, 2-20 years in jail, and a fine of up to $10,000.
  • More than 2000 lbs. of marijuana – 5-99 years in prison and a $50,000 fine.

If an individual sells marijuana, they could be charged with drug trafficking. The type of penalty depends on the amount of marijuana that they sell.

  • 25 oz. or less: Class B misdemeanor (if no remuneration)
  • .25 oz. or less: Class A misdemeanor (with remuneration)
  • .25 oz. to 5 lbs.: state jail felony
  • 5 lbs. to 50 lbs.: 2nd degree felony
  • 50-2000 lbs.: 1st degree felony
  • Over 2000 lbs.: 10-99 years in prison and/or a fine of $100.000

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Additional Resources for Marijuana DWI Charges

Penal Code Chapter 49 / Intoxication and Alcoholic Beverage Offenses – Texas Penal Code 49.01 explains intoxication and alcoholic beverage offenses. It defines certain terms such as alcohol concentration, intoxicated, and watercraft. Visit the statute page to learn more about penalties the offense carries.

Texas Department of Transportation / Driving Under the Influence – Visit the Texas Department of Transportation to read about driving under the influence. The webpage provides information about the penalties for a DWI, details on drunk driving with a child passenger and how to know when a person is legally intoxicated. Residents and visitors of the state of Texas can also utilize the Texas Department of Transportation website to report an issue on the road or to file complaints.

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Williamson County Marijuana DWI Attorney in TX

Don’t risk your future, your freedom, and your family. If you are facing a marijuana DWI charge, retaining an experienced DWI defense lawyer is important. We will make every effort to help you achieve the best outcome possible and avoid the most serious penalties.

Don’t wait another moment. Contact Price & Twine, PLLC at (512) 354-1880 to schedule a free consultation with our skilled DWI defense attorney Michael J. Price. We serve clients in Williamson County, Georgetown, Round Rock, Cedar Park, Leander, Bell County, Killeen, Temple, Harker Heights and the surrounding areas.

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