Driving While Intoxicated or (DWI) on marijuana cases are more rare and can be difficult for the State to prove in court.  Police officers in Houston or Harris County make arrests for Driving Wile Intoxicated on marijuana charges when they believe there is probable cause to believe the person is intoxicated and that the intoxication has occurred because of smoking marijuana or ingesting some THC product.   If you or a loved one has been charged with DWI in Houston or Harris County, call us now for a free consultation.   

What is DWI on Marijuana?

Driving While Intoxicated on Marijuana is not specifically outline in the Texas Penal Code but it falls under one of the definitions of intoxication and regular DWI under Texas Penal Code 49.04. 

How is Intoxication defined?

(2)  "Intoxicated" means: (A)  not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body;  or (B)  having an alcohol concentration of 0.08 or more.

The key language here is the not having the normal use of mental or physical faculties by reason of the introduction of a drug.  THC which is short for tetrahydrocannabinol, the active ingredient in marijuana, is classified as such a drug or substance which can cause you to not have the normal use of mental or physical faculties.  

Is there a specific amount of marijuana that is illegal to have in your system while operating a motor vehicle?
No.  In Texas there is no specific amount of marijuana that is deemed to be illegal to have in your system while operating a motor vehicle.  The State must prove that you lost the normal use of your mental or physical faculties to prove intoxication in a DWI marijuana case. ​

If the police take a sample of your blood and send it to the DPS or other lab for drug testing then you may get a few types of results.  People who have smoked regular marijuana recently and are still under the active effects of THC will get a return for what they call Delta-9 THC.  A Delta-9 THC content in your blood indicates that the marijuana may be altering your state of mind.  

There is also a type of THC called THC metabolite.  
THC metabolite refers to the chemical produced when the body breaks down delta-9-tetrahydrocannabinol (THC), which is the main psychoactive compound in marijuana. THC metabolites can be detected in the blood and are commonly used as markers in toxicology testing to determine recent marijuana use. The presence of THC metabolites in the blood can indicate recent use, even if the effects of the drug have worn off. However, the specific levels and detection time of THC metabolites in the blood can vary based on several factors such as frequency and amount of use, body metabolism, and individual differences.

What is the punishment for a DWI on Marijuana?

A DWI on marijuana that has no other aggravating factors is a Class B Misdemeanor and has a maximum punishment of 180 days in jail and up to a $2,000 and a minimum punishment of 72 hours in jail and up to 2 years of probation. 
 
A State Traffic fine may also be issued in the amount of $3,000 for first time DWI cases and $6,000 with a result of 0.15 or greater.