Penalties for Driving while High

Posted By on Nov 4, 2014 | 0 comments


Marijuana is considered illegal in the state of Texas (Texas Stat. and Code Ann. § 481.002.) and is identified as a schedule 1 substance, having a high possibility of abuse and is regarded as having no recognizable medical use. As such, it is considered to be a crime to drive under the influence of marijuana, and penalties dictated by DUI violations would apply to those caught driving under the influence of marijuana, although charges of marijuana possession against the driver or passengers still apply.

According to the Texas Stat. and Code Ann. § 49.01., if a person is caught driving under the influence of marijuana on any amount (as determine through blood or urine samples), it will be enough to establish that the crime has been committed. The penalties can depend on the whether the charge is the first offense or a repeat, and the penalties increase when there is a minor inside the vehicle (Texas Stat. and Code Ann. § 49.04.).

For first convictions, penalties involve fines reaching $2,000, imprisonment of between 72 hours and 180 days, or both. It also includes community service of between 24 and 100 hours, and up to a year of suspension of driver’s license. Penalties for second convictions include fines of up to $4,000 and between 72 hours and 180 days of jail time, or both; with between 80 and 200 hours of community service and license suspension of up to 180 days to 2 years. For third and ensuing convictions, the fine can reach up to $10,000 with between 2 and 10 years of imprisonment, or both; community service of between 160 and 600 hours and license suspension of between 180 days and 2 years.

Being charged and convicted with marijuana-related DUI can be hard as it can affect the various areas of your life. Being charge would mean you need to find good Dallas criminal defense lawyers to help lessen or lower your penalties. Because state laws vary, especially when it comes to DUI charges, it helps to find a criminal defenses lawyer who understands how these court proceedings are handled in your state by prosecutors and judges.

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