Marijuana related DWI cases are on the rise in Texas. Learn how Richard McConathy and his associates approach this type of case and defend against marijuana DWI charges in Dallas County Texas.
Dallas County Texas has been in my family’s criminal defense business for seventy years. My father, grandfather and myself have practiced in this county, Big D as they like to call it. But Big D also has got some dangers in it. In the last several years, because of other states allowing marijuana to become legal, many people make the mistake of assuming its legal in Texas. Because of that, we’re seeing a high usage of marijuana and driving on the Texas roads. This requires a new version of prosecution. Companies across the united states, especially the intoxilyzer companies, are trying to develop machines that can determine what your THC levels are in your body. This right now will be the new frontier of prosecution in the state of Texas. Don’t assume that the government is not going to be able to determine what your intoxication level is based on marijuana. They’re developing every day better tests to determine it through blood and through breath. Eventually, they’re going to have it down to a perfect science. When they do, they’re going to be able to prosecute you. In addition to that, many people on juries don’t really care what your level is when it comes back in the blood test. They assume if you’re smoking marijuana, you’re beyond the ability to control yourself and therefore you must be DWI. Unlike alcohol which tends to remove itself from your system very quickly, marijuana has been known to stay in your system up to a month. A lot of times when a police officer pulls you over, some people have partaken of marijuana sometimes twelve, to twenty-four, to thirty-six hours prior to their arrest. The concern they have is by taking a breath or a blood test, you’re going to be able to determine what that THC level is in their body. Prosecutors are prosecuting if they can show a residual amount in your system, because Texas law states that you do not have to be intoxicated to be convicted of a DWI. All it needs to show is that you have a loss of your mental and your physical faculties. Believe me, an aggressive prosecutor, even if he has a low marijuana level, is going to convince the jury that you don’t have your mental faculties or your physical faculties, and therefore you should be convicted. You need a defense team who knows how to combat this and knock that prosecution’s position right out of the park.