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Can I Get A DWI for Driving Under the Influence of Weed?

Posted By Hines Ranc & Holub || 30-Mar-2016

You can absolutely get a DWI for driving under the influence of Marijuana. Texas is still a state that has classified the use of marijuana as illegal. This means that driving while under the influence of marijuana is also illegal. If you are pulled over by an officer and they smell marijuana in the car, they could use this as probable cause to search your vehicle and test your urine or blood for levels of marijuana.

When testing for a DWI with alcohol the legal limit of blood alcohol levels cannot exceed .08 percent. With marijuana, any amount of marijuana in the driver’s blood or urine is grounds to establish the driver was driving while under the influence.

Additionally, if there is both marijuana and alcohol in the driver’s bloodstream, then the prosecutor can still point to the driver driving under the influence.

If you’ve been charged with a DWI, should seek out legal counsel as soon as possible. Our skilled Austin criminal defense attorneys can help get your defense on the right path.


The penalties for a DWI in Texas can vary depending on whether or not this is the defendant’s first conviction. If your or a loved one has been charged with a DWI, you may want to familiarize yourself with the penalties you could be facing.

First Conviction

  • Fines up to $2,000
  • Between 72 hours and 180 days jail time
  • And/or 24 to 100 hours of community service
  • Up to 1-year license suspension

Second Conviction

  • Fines up to $4,000
  • Between 72 hours and 1-year in jail
  • And/or 80 to 200 hours community service
  • Between 180 days to 2 years license suspension

Third and Subsequent Convictions

  • Fines up to $10,000
  • Between 2 and 10 years in prison
  • And/or 160 and 600 hours community service
  • 180 to 2 years license suspension

Get a Lawyer

If you’ve been charged with a marijuana-related DWI, you need to seek the legal counsel of an experienced, attorney who will be dedicated to advocating for you. Our Austin criminal defense attorneys exclusively handle criminal defense cases so you can be assured they can provide you with the most favorable results for your case.

Get a free case evalution today.

Categories: DWI