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Can I Get A DWI From Just Smoking Marijuana?

  • By: Ryan Hardy of Hardy Law Group, PLLC
  • Published: August 5, 2019
  • Category: DWI
Can I Get A DWI From Just Smoking Marijuana

Yes! A person can get a DWI even though the person never consumed a drop of alcohol. In Texas, you can get arrested and charged for DWI from taking drugs, alcohol, or any dangerous substance. And the possible consequences of Driving While Intoxicated are the same regardless of the intoxicant. It is helpful to look at the definition of “intoxicated” that applies to the DWI statute. Under the Texas Penal Code, “intoxicated” means “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug or dangerous drug, a combination of 2 or more of those substances, or any other substance into the body or having a blood alcohol concentration of .08 or more.”

Let’s recap. You can be arrested and charged with DWI if you consumed:

  1. Alcohol;
  2. A controlled substance;
  3. A drug or dangerous drug;
  4. A combination of 2 or more of those substances;
  5. Any other substance;
  6. Or having a blood alcohol concentration (BAC) of .08 or more.

Therefore, alcohol is just one of the many types of intoxicants that can lead to DWI.

Driving while stonedIs DWI Marijuana Different Than Regular DWI In Texas?

In terms of the major consequences, no. The Texas Penal Code does not differentiate between DWI Alcohol and DWI Marijuana in terms of the consequences. Just like DWI Alcohol (first offense with a BAC under 0.15) DWI Marijuana is a Class B Misdemeanor which carries a range of punishment of a minimum of 72 hours up to 180 days in the county jail and an optional fine of up to $2,000. Also, post-conviction community supervision of up to 2 years is an option for DWI, no matter the intoxicant.

The consequences for DWI, no matter then intoxicant, increase depending on BAC (if the intoxicant is alcohol) and the number of prior DWI convictions. For instance, if you are arrested for DWI and have a prior conviction for DWI, then you will face a Class A misdemeanor punishment range, which carries a minimum of 30 days confinement and up to a year in the county jail, plus a fine of up to $4,000. Also note that as a condition of community supervision on a second DWI, a person must serve a minimum of 72 hours confinement in the county jail and a minimum of 5 days confinement if the second offense is within 5 years of the first.

Finally, a third DWI, no matter the intoxicant, is a Third Degree Felony and carries a range of punishment of 2-10 years in prison and a fine not to exceed $10,000. If you are placed on community supervision, expect to spend at least 10 days in the county jail as a condition.

Contact An Experienced DWI Attorney In Fort Worth

If you are facing a DWI, please contact The Hardy Law Group, PLLC to schedule a consultation with our experienced criminal defense attorneys. We can help you plan an aggressive defense against any type of DWI.

Ryan Hardy of Hardy Law Group, PLLC

About the Author Attorney Ryan Hardy graduated from the University of Texas at Austin with a BS in
Government/Political Science and a minor in Business Administration...Read More