Houston Marijuana DUI Lawyer

Houston Marijuana DUI Attorney

Recreational marijuana is illegal in Texas, and if you are arrested for a DUI involving marijuana, your penalties may be swift and harsh. The state of Texas does not differentiate between the laws for driving impaired by alcohol and driving impaired by marijuana. Therefore, if you are arrested for a DUI involving marijuana, it may be time to contact a Houston marijuana DUI lawyer.

Being arrested for marijuana possession is a serious crime in Texas, as marijuana is a Schedule 1 drug. This is compounded if you are also arrested for a marijuana DUI, which means you could walk away with two charges.

At the Law Office of Joseph Ruiz, PLLC, we thoroughly understand both drug crime laws and DUI laws and can help you fight your charges. As a firm with strong experience in criminal defense, we are prepared to represent you. Whether it is your first offense or third offense, we are equipped with the legal knowledge to advocate for your rights.

Texas DUI Laws

In Texas, driving under the influence means driving while impaired by alcohol, drugs, prescription medications, or a combination of any of these. Moreover, DUI laws apply to operating a boat, called a BUI, or even an aircraft. To determine if you are impaired, the arresting officer may test your blood alcohol concentration (BAC), and if it is 0.08 or above, it is beyond the legal limit.

Texas DUI Penalties

In 2018, there were 73,978 DUI arrests in Texas, and in 2022, there were 11,879 DUI charges in Harris County, which is the largest county in Houston. The prevalence of DUI arrests and charges attests to the significant penalties that come with being convicted of a DUI. Specifically, the sentencing is as follows:

• First offense – Serve between 3 and 180 days in jail and pay up to $2,000 in fines. You may also have your license suspended for up to a year.
• Second offense – Serve between 1 month and a year in jail and pay up to $4,000 in fines. You may also have your license suspended for up to two years.
• Third offense – A third DUI offense is a third-degree felony, so charges increase to serving 2–10 years in jail and paying up to $10,000 in fines. In addition, you may have your license suspended for up to two years.

In addition to these penalties, you may have to have an ignition interlock device installed on your vehicle, as well as be ordered to enroll in a DUI program.

Marijuana DUI Laws

Suppose you are suspected of driving while high or under the influence of marijuana; the laws are the same as alcohol DUI laws. Instead, however, the officer may administer a urine or blood test in addition to a field sobriety test to detect your level of impairment. If you refuse the test, you may have your license suspended for 180 days under the Administrative License Revocation (ALR) Program rules pursuant to Texas Penal Code 724.015.

Are the Penalties Different for Marijuana DUI Charges in Houston?

The penalties for driving under the influence of alcohol and marijuana are the same. However, while a BAC under 0.08 is considered within the legal alcohol limits, there is no legal limit for marijuana usage. Driving while impaired by any amount of marijuana is illegal, and you may also be charged with marijuana possession in addition to DUI penalties. Marijuana possession charges can be a Class B misdemeanor up to a first-degree felony, depending on the amount.

How a Lawyer Can Help

A lawyer can help you in many ways if you get charged with a marijuana DUI in Texas. It is important to hire a lawyer who not only understands DUI laws but also marijuana laws, as you could be charged with both offenses. If you are arrested because the police suspected you of driving under the influence of marijuana, you should be sure to exercise your right to remain silent as well as your right to representation.

Your lawyer can help you collect evidence, investigate your case, and challenge the evidence against you. Common defenses for DUI cases include challenging the lawfulness of the arrest, the reliability of the field sobriety test, or the validity of urine and blood tests.

FAQs About Houston, TX Marijuana DUI Laws

How Much Does a DUI Lawyer Cost in Texas?

The cost of a DUI lawyer in Texas depends on the specifics of your case. However, there are three main factors that are considered when determining how much you may pay a lawyer: the complexity of your case, the skill and experience of your lawyer, and the firm’s location. More experienced lawyers may charge higher rates, just as more complex cases tend to require more billable hours.

Who Is the Main Marijuana Lawyer in Houston?

There are several marijuana lawyers in Houston who can help you with your case. However, at the Law Office of Joseph Ruiz, PLLC, we have extensive experience with crimes involving marijuana, albeit possession, sales, or marijuana DUIs. We understand the nuances in the laws surrounding marijuana usage and possession, and we know how to help your case.

What Is the New Law on Marijuana in Texas?

The new law on marijuana in Texas places a ban on all products containing THC, which is the active agent in marijuana. Previously, non-consumable products containing THC could be manufactured and sold, but the Senate ban outlawed these products as well in order to curb synthetic manufacturing of THC, which is considered dangerous.

What Is the Punishment for Dealing Marijuana in Texas?

The punishment for dealing or delivering marijuana in Texas depends on the amount in question. Pursuant to Penal Code 481.120, delivering marijuana can be a Class B misdemeanor up to a first-degree felony. For example, delivering ¼ of an ounce or below is a Class B misdemeanor; however, delivering over 2,000 pounds is a first-degree felony, which may mean serving life in prison.

Contact an Experienced DUI and Drug Crime Lawyer

If you are arrested because a police officer suspects you are driving under the influence of marijuana, you could be facing two charges: a DUI and a marijuana possession charge. Either way, you could be in an impossible position without the help of a lawyer. Fortunately, at the Law Office of Joseph Ruiz, PLLC, we are adept at handling both charges. Therefore, you should contact us to schedule a consultation to see how we can help your case.