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Marijuana-Related DUI: Laws and Penalties in Texas

marijuana userDriving under the influence (DUI) of marijuana is considered a crime under Texas drug laws. Below are the penalties for marijuana-related DUI violations, but some of these may also apply to passengers. Note also that there are different laws on the possession, manufacture, and sale of marijuana under Texas Marijuana Laws.

Driving Under the Influence of Marijuana in Texas

It’s illegal for an individual to drive in Texas while under the influence of alcohol, marijuana, other controlled dangerous substances, or a combination of these. If you’re pulled over and found to have marijuana, or a combination of marijuana and alcohol, or other drugs, you will be charged with marijuana and alcohol-related DUI. The primary difference between marijuana and alcohol charges related to DUI is that the defendant must have a 0.08% or higher blood alcohol content (BAC) for the charge to be alcohol-related DUI, while if the defendant was found to have marijuana during a urine or blood test, regardless of the amount in his system, he will be charged with marijuana-related DUI.

Marijuana-Related DUI Penalties

Penalties for marijuana-related DUI vary based on whether the conviction is a first or succeeding offense, with increasing penalties for offenses that have been committed with a minor riding inside the vehicle. Criminal defense attorneys in Houston, such as, explain below.
  • First Offense Class B Misdemeanor – 72 hours to six months jail time, a fine not more than $2,000, one-year suspension of license, and community service for 24 to 100 hours.
  • Second Offense Class A Misdemeanor – 72 hours to one year of jail time, a fine not more than $4,000, six months to two years suspension of license, and community service for 80 to 200 hours.
  • Third and succeeding offenses Third Degree Felony – Two to ten years imprisonment, a fine not more than $10,000, six months to two years license suspension, and community service for 160 to 600 hours.
Note that in Texas and in other states, an officer can pull you over in suspicion of marijuana use in the event that it can be seen or smelled, or if you’re behaving suspiciously that suggests possible marijuana use. If you’re facing a marijuana-related DUI charge, you should get help from experienced criminal defense attorneys to work out the best defense strategy and best possible outcome for your case.
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