Driving Under the Influence of Marijuana DWI Marijuana Fort Worth TXYou’ve been charged with driving under the influence of marijuana, and now you don’t know what to expect. You don’t want to go to jail, but you know that’s a possibility. If you’ve been arrested for DWI marijuana in Fort Worth TX, what penalties are you facing? And can you avoid or reduce the charges against you?

At Hoeller McLaughlin PLLC, we have experience fighting DWI marijuana cases in Tarrant County. Contact us today to learn more about how a DWI lawyer can help.

Penalties for DWI Marijuana

Possession of marijuana and driving under the influence of marijuana are both illegal in the state of Texas. The legal consequences for these offenses are serious. The court will determine the penalties for a DWI charge based on previous history of driving under the influence:

First DWI Marijuana Offense

When there is no history of past DWIs, a first offense is classified as a Class B Misdemeanor. These are the mildest penalties you can receive:

  • One year suspension of your license
  • As much as $2,000 in fines
  • Jail time of up to 180 days

Second DWI Marijuana Offense

A prior DWI charge increases the penalties. Again, the judge has the final say as to how long your license is revoked, how much you have to pay, and how much jail time you will receive:

  • Up to two year suspension of your driver’s license
  • As much as $4,000 in fines
  • Jail time of up to 180 days

Third DWI Marijuana Offense

After a second DWI charge, the offense is a third-degree felony. This is a serious offense, and will stay on your permanent legal record. It can be difficult to find a job and housing if convicted.

  • Up to two year suspension of your driver’s license
  • As much as $10,000 in fines
  • Jail time of up to 10 years

By this point, the judge knows you will likely not stop driving under the influence of marijuana. This is the reason for such severe consequences.

How Can a DWI Marijuana Attorney Help You?

The only way to avoid jail time is to have the charges dismissed or reduced. This is not easy, as the law takes driving under the influence of marijuana very seriously. The good news is that an experienced DWI attorney can help. An experienced attorney who specializes in DWI cases may be able to reduce or dismiss the charges against you, especially if this is your first offense.

Many lawyers will first look for the reasonable suspicion for the traffic stop. The police officer must have reasonable suspicion the driver committed a crime to be pulled over. Possible reasonable suspicions may include speeding, risky driving, or failing to obey traffic signs. In other words, a police officer cannot pull you over just because he suspected you were under the influence.

A judge can dismiss the charges if the police officer did not document traffic violations. The Fourth Amendment expunges legal issues found during traffic stops not conducted under reasonable suspicion. In other words, since the police officer did not see any crime committed before stopping you, the DWI charge cannot stand. DWI lawyers know how to use this to your advantage in court.

If you have prior DWIs, this doesn’t mean the penalties cannot be reduced. It’s just much harder to convince the court because repeat offenses indicate that the previous penalties weren’t enough to prevent the offense from happening again.

Using a Public Defender or Private DWI Marijuana Attorney

You have a choice when it comes to representation in court. You can have a public defender appointed to you who has a lot of experience with DUI/DWI law, or you can hire a private attorney.

Although hiring a private attorney comes with a cost, it’s worth it if you want to convince the court not to sentence you to jail time, pay thousands of dollars, and/or lose your license. An attorney can present your case in court in the best way possible to give you the best possible outcome.

Contact Hoeller & McLaughlin PLLC Today

At Hoeller & McLAughlin PLLC, we may be able to get your DWI charges dismissed or reduced. Contact us today for a consultation of your case.