Houston Marijuana DWI Attorney
When most people think of “DWI” and “DUI,” they generally relate them to alcohol. But with an ever-increasing number of states legalizing marijuana, either for medical or recreational purposes, law enforcement is focusing on driving under the influence of marijuana.
For example, Colorado has legalized marijuana for medical use, and it appears that prescriptions for it are ever-increasing. That said, DWI and DUI arrests are increasing both there and in Texas because of marijuana use.
Driving While Intoxicated: Marijuana Laws in Texas Compared to Other States
As of 2018, recreational use of marijuana is legal at the state level in ten states: Alaska, Washington, Oregon, California, Nevada, Michigan, Vermont, Massachusetts, Maine, and Colorado.
Texas DWI and DUI laws make simple possession of marijuana illegal. But like Colorado and the other states, Texas makes it illegal to operate a motor vehicle while intoxicated by marijuana. Interestingly, law enforcement in Colorado and Texas have seen a dramatic rise in the number of DWI and DUI arrests due to marijuana intoxication.
You can be found guilty of driving while intoxicated under Chapter 49.04 of the Penal Code if it is shown that either you lost the normal use of your:
- Mental
- Physical faculties
Additionally, you may be found guilty if you had an alcohol concentration of .08 or greater at the time you were driving.
If you voluntarily consume a substance other than alcohol, like marijuana, and it causes you to lose the normal use of either your mental or physical faculties, then this definition covers driving under the influence of marijuana. However, unlike alcohol, there is no per se value for drugs such as marijuana.
For detailed information on how we can help with your case, call us at (979) 472-3858 today.
- What Is A DWI Specialist?
- 1st Offense DWI
- 2nd Offense DWI
- 3rd Offense DWI
- DWI Penalties
- Boating While Intoxicated
- BWI With Child
- DWI with CDL
- Driver License Suspension
- DWI Expunction
- DWI Probation
- DWI with Child
- Field Sobriety Tests
- Flying While Intoxicated
- Intoxication Assault
- Intoxication Manslaughter
- Marijuana DWI
- Pilots with DWI
- Public Intoxication (PI)
- DUI For Minors Only
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“I highly recommend this Gary Trichter for anyone in need of expert legal representation. Him and his team guided me through every step of the process and fought tirelessly for the best possible outcome. Truly great work.”- Kevin W.
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“Gary Trichter is hands down the best attorney you will find. If you ever need representation this is the man to hire. He worked hard on the details of my case and was always available to talk.”- James F.
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“With all the charges against me, which were felonies I was in serious need of a wise exceptional attorney and Gary is just that. He got resisting arrest, illegal carry of a gun and an outstanding warrant for a car accident. All charges were dismissed.”- Erica S.
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“Gary Trichter came recommended by a friend. I was told he was good but he's honestly fantastic! His staff, Cassie and Tracey are equally as awesome and so sweet! Gary is a very knowledgeable, caring, and creative lawyer. Call his office many times to talk about my case and I always feel like I get 100% attention. I highly recommend!”- Jenny S.
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“I absolutely recommend, respect, and appreciate Gary and his team.They made the legal process easy, and were extremely helpful throughout the entire DWI ordeal. Gary specializes in Texas DWI cases and has a history of success. More importantly, in my opinion, is his fortitude, persistence, and unapologetic approach to these complacent DAs and Judges that seemed so eager to destroy my livelihood. Call Gary Trichter!! He will shoot you straight, and you will not regret hiring him and his team.”- Kyle O.
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“Not only did Mr. Trichter guide me through the complex legal proceedings but he also took the time to explain the process to me in a clear and understandable way. His direct answers and understanding ear helped me vastly through my legal process. Thanks to you Gary!”- Seth L.
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“I was referred to Mr. Trichter by a close family friend. Two of his family member had used him to represent them in their DWI case and were both very pleased with his work. After having Mr. Trichter represent me I can fully understand why. He is an amazing attorney and the best at his job by far. But more then that he is an amazing person that truly care about his client. I will forever be great full for what he has done for me in helping me have my case dismissed. Thank you again Gary!!!”- Luke F.
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“Gary and his staff are absolutely the best attorneys you can get. They deeply care for their clients well being and will fight for the best outcome possible. Gary's knowledge of the law and his calm demeanor has put my mind at ease when I had a medical situation that was very scary and misunderstood by an officer. He told me" I will walk you through this" and he did just that! scince then he has became a trusted friend.”- Kevin J.
Signs That a Driver Is Driving Under the Influence of Marijuana
The marijuana plant (Cannabis Sativa, Cannabis Indica) is the most commonly used illegal drug in the world, resulting in thousands of arrests every year. Generally, you must be found in possession of it in some usable quantity to face legal consequences.
The cannabis leaves, stems, and seeds contain THC (tetrahydrocannabinol), a psychoactive ingredient that’s absorbed into the user’s bloodstream when smoked or, in some cases, ingested. Once it’s transported to the brain, it affects certain receptors by overstimulating them and causing the user to feel euphoric or “high.”
These effects can include:
- Altered senses
- Altered sense of time
- Changes in mood
- Impaired body movement
- Difficulty with thinking and problem-solving
- Impaired memory
- Hallucinations (when taken in high doses)
- Delusions (when taken in high doses)
- Psychosis (when taken in high doses)
Measuring Intoxication & “No Refusal” Programs
Currently, police labs measure alcohol by having the accused submit to either a breath test or a blood test. Neither the Intoxilyzer 5000 nor the Intoxilyzer 9000, which are the machines used in Texas to quantify breath/blood alcohol concentration, can detect tetrahydrocannabinol or “THC”, the active ingredient in marijuana. However, a blood test can.
Accordingly, many counties in Texas have started to focus on blood testing in DWI and DUI investigations where marijuana is suspected as the intoxicant. Indeed, many counties have obtained grants to fund “No Refusal” programs where police obtain search warrants to take blood samples.
This sample is then analyzed to obtain a measurable amount of alcohol or other substances, like marijuana, that may be in a person’s blood.
At the forefront of the industry stands our visionary founder, Gary Trichter. He earned the distinction of being the very first Board-Certified DWI Specialist in Texas. This certification is only given by the National College of DUI Defense (NCDD) which is recognized by the American Bar Association.
Gary has spoken at hundreds of seminars on DWI and has taught lawyers, judges, and prosecutors about DWI law. Gary co-authored the textbook Texas Drunk Driving Law and is leading the way with unparalleled expertise in the field.
DWI and DUI of Marijuana: Evidence and Per Se Definitions of Intoxication
In every DWI case, you would expect to see certain pieces of evidence, such as a breath or blood alcohol test and a video of the accused performing field sobriety tests.
Blood tests can show traces of marijuana, or more specifically THC, in a suspect’s system, but the State must also prove that the THC caused them to become impaired to a level where they were no longer “normal.”
Texas has no “per se” definition of intoxication by the introduction of marijuana into the system, so courts and prosecutors face an extra “burden of proof” challenge, meaning that the arresting officer must conduct a more thorough and meticulous investigation.
In addition to the “loss of the normal use of mental or physical faculties” standard, Texas law provides that a person is considered intoxicated if that person has a BAC of 0.08 or higher, regardless of whether that person has lost the normal use of his or her mental or physical faculties.
Schedule your free initial consultation with a Houston marijuana DWI attorney through our online form. Or call our firm directly at (979) 472-3858 today.
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1st Board-Certified DWI Specialist in TexasOur Founder Gary Trichter was the 1st Board-Certified DWI Specialist In The State of Texas to earn the designation of “DWI Specialist”.
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On The Forefront Of ChangeWe don't just push the envelope—we redefine its boundaries. We stand on the other side, shaping trends and crafting bold, effective defense strategies.
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DWI Defense PowerhouseWe combine professional, aggressive criminal defense with caring, understanding legal counsel.