Marijuana DWI Lawyer In Beaumont, TX
Texas has no THC limit for drivers. A marijuana DWI turns on whether the normal use of mental or physical faculties was lost while driving, and a lab number does not answer that by itself. This page covers the law, the penalties, the defenses and the first steps.
What Is A Marijuana DWI In Texas?
A marijuana DWI is the standard offense in Penal Code § 49.04 where the state says marijuana caused the impairment. Intoxicated includes losing the normal use of mental or physical faculties because of a controlled substance. Texas has no per se THC limit, so the state must prove impairment while driving, and the 0.08 figure applies only to alcohol.
Source: Texas Penal Code § 49.01, Definitions for Intoxication Offenses
Understanding Texas Law
How Does Texas Law Charge Driving On Marijuana?
A marijuana DWI is the ordinary offense in Penal Code § 49.04 with a different theory of what caused the impairment. Marijuana is a controlled substance in Texas, and § 49.01(2) counts loss of the normal use of mental or physical faculties from a controlled substance as intoxication.
The state cannot lean on a number the way it can with alcohol. No Texas statute sets a THC concentration for drivers, so the prosecutor has to build the impairment from what happened on the road and at the roadside.
Two Things A Cannabis Test Can Report
Delta-9 THC is the compound that produces the effect. Carboxy THC is a byproduct the body makes while clearing it. The first falls off within hours, and the second can persist for much longer in regular users. A report showing only the byproduct shows past use. It does not place the person under an effect at the time of driving.
What the state has to connect:
- A motor vehicle operated in a public place
- Loss of the normal use of mental or physical faculties
- Marijuana, alone or with another substance, as the cause
- All of it at the moment of driving, not hours before or after
When alcohol is also in the picture, the state can argue the combination under the statute's wording. The substance groups that come up most often are laid out on which drugs lead to a DWI charge.
Penalties And Consequences
What Are The Penalties For A Marijuana DWI In Texas?
A marijuana DWI uses the same penalty scale as every other DWI. A possession charge, if the officer files one, is its own case with its own range. These are statutory limits, not predictions.
Texas sets no THC limit for drivers.
- DWI classification
- Class B misdemeanor on a first offense. Class A with one prior DWI conviction. Third degree felony with two.
- Jail on a first DWI
- 72 hours to 180 days.
- Fine on a first DWI
- Up to $2,000, plus court costs.
- Possession of marijuana
- Two ounces or less is a Class B misdemeanor under Health and Safety Code § 481.121. Larger amounts move into higher classifications.
- Driver's license
- An administrative suspension through the ALR process, separate from any suspension a conviction brings.
Real Questions
What Do People Ask About Marijuana DWI In Texas?
Can a driver be convicted over use from days earlier?
Does the smell of marijuana prove impairment?
What if the product was hemp or CBD?
How long do the lab results take?
Possible Defenses
How Can A Marijuana DWI Be Defended?
The standardized field sobriety tests were designed and validated around alcohol. Their reliability for cannabis is less settled, and a person can struggle with them because of nerves, footwear, weather or the surface they are standing on.
A lawyer takes the file apart one piece at a time: why the car was stopped, what the officer wrote, what the camera caught, how blood was drawn and what the lab data shows. No result can be promised.
Points examined in a marijuana DWI file:
- Whether the lab reported active THC or only the metabolite
- How much time passed between the stop and the blood draw
- Whether blood was taken by consent or by warrant, and what the warrant affidavit said
- What the video shows about driving, speech and balance
- Whether a drug recognition evaluation took place and followed protocol
A possession count from the same stop has defenses of its own, beginning with the search. Marijuana found in a vehicle is also addressed under drug possession.
Why Was The Car Stopped?
Did the officer have a legal basis to stop the vehicle and detain the driver?
What Does The Video Show?
Do driving, speech and balance on tape match what the report says?
Was The Search Lawful?
Did odor or some other fact justify searching the car, and what was found?
Was The Draw Lawful?
A warrant, consent or an exception is needed, and the warrant itself can be tested.
What Did The Lab Measure?
Does the report show active THC or only the metabolite, and how was it tested?
Hemp Or Marijuana?
Can the source be shown, and does the timeline tie the substance to the driving?
Local Process
What Happens After A Marijuana DWI Arrest In Jefferson County?
The steps follow Texas law. The courtroom, the prosecutor and the booking are specific to Jefferson County.
Stop And Arrest
After a stop, an officer may run roadside tests, call a drug recognition evaluator or seek a blood warrant.
Booking And Bond
The person is booked and brought before a magistrate, who sets bond.
The ALR Window
A hearing request is due within 15 days after notice, or the suspension begins on day 40.
Lab Results And Charging
The blood sample goes to a lab. The case moves when the report returns, and any possession charge follows its own path.
- Where a misdemeanor DWI is filed
- Filed in one of the Jefferson County Courts at Law at the Jefferson County Courthouse, 1085 Pearl Street, and prosecuted by prosecutors in Jefferson County.
- Where a felony DWI is heard
- Heard in the district courts at the Jefferson County Courthouse on 1085 Pearl Street, with the Jefferson County Criminal District Attorney's Office prosecuting.
- Arresting agencies
- Beaumont Police Department, Jefferson County Sheriff's Office, Texas DPS Highway Patrol, Port Arthur Police Department, Nederland Police Department, Port Neches Police Department, or Groves Police Department.
- Booking
- Arrestees from every law enforcement agency in the county are booked into the county's jail system.
- If the case is appealed
- Appeals go to the Ninth Court of Appeals in Beaumont.
Next Steps
What Should You Do After A Marijuana DWI Arrest?
A lab can take weeks to report, and the deadlines keep running meanwhile. These steps are general information, not advice for any one person.
Count 15 Days
The ALR hearing request is due whether or not a THC result has come back.
Write Down Your Timeline
Note when you last used cannabis or hemp, and what product it was.
Keep Product Records
Save packaging, receipts or lab sheets for any hemp or CBD product.
Keep The Paperwork
Save the arrest papers, bond documents and any warrant you were given.
Say Nothing Online
Posts and messages about the night or about cannabis use can become evidence.
Do Not Assume The Lab Decides It
A THC report is one piece of the file, and impairment still has to be proven.
Talk to a lawyer before deciding how to answer the charge or any possession count from the same stop. Mitchell Law Firm serves Jefferson County from its Orange office and offers a confidential conversation about a marijuana DWI. Calling early keeps the most options open.
Official Texas Sources
Read The Law Behind This Page
- Texas Penal Code Chapter 49: §§ 49.01, 49.04 and 49.10
- Texas Health and Safety Code Chapter 481: Texas Controlled Substances Act, marijuana possession
- Texas Health and Safety Code Chapter 443: Texas Compassionate Use Program
- Texas Transportation Code Chapter 724: implied consent and blood specimens
- Texas Transportation Code Chapter 524: administrative license suspension
- Texas Code of Criminal Procedure Chapter 18: search warrants
- Texas Department of Public Safety: Administrative License Revocation program
Who Handles Your Case
The Texas Lawyer Who Speaks Science
Attorney Brennon Mitchell isn't just a seasoned Beaumont trial lawyer. He's one of the few in Texas, and the entire country, to earn the prestigious title of an ACS-CHAL Forensic Lawyer-Scientist. That means he's gone beyond the courtroom and into the laboratory, receiving in-depth, hands-on training in forensic chromatography, the same kind of testing used by crime labs to try and convict Texans every day.
What does that mean for you?
It means when the state uses blood alcohol or drug testing to try to prove its case, Mr. Mitchell knows how to challenge it. He's trained to:
- Analyze lab results and spot faulty science
- Cross-examine forensic experts with precision
- Break down complex chemical evidence in plain language for juries
This is not the kind of background you find in most criminal defense attorneys, and it could make the difference between a conviction and a clean slate.
Brennon graduated from Texas A&M University School of Law and practices from offices in Orange and Conroe.
Client Reviews
What Clients Say About Brennon Mitchell
Prior results do not guarantee a similar outcome. Every case is different and is decided on its own facts.
Related DWI Charges
Other DWI Cases Handled In Beaumont, TX
Cannabis charges sit beside several other drug and THC product cases. See the full DWI defense overview for Beaumont.
First, Repeat And Felony DWI
Priors never expire in Texas, and a second or third charge moves the case into a different range entirely.
Drug And Substance DWI
You do not need alcohol to be charged. Prescriptions and legal hemp products lead to DWI arrests in Jefferson County.
The Driver And The Vehicle
Age, license type, home state, and what was being operated all change where the same stop leads.
Your License And The Process
The evidence, the deadlines, and what a conviction reaches beyond the courtroom.
Health Care Licenses
Boards that license patient care run their own review of an alcohol arrest, separate from the court.
Other Professional Licenses
Law, finance, aviation, teaching, real estate, and security work each answer to their own board or agency.
Common Questions
Marijuana DWI Questions People In Beaumont Ask
Can you be charged with DWI for marijuana in Beaumont, TX?
Penal Code § 49.01(2) defines intoxicated to include loss of the normal use of mental or physical faculties from a controlled substance or any other substance, and marijuana falls inside that wording. The punishment range under § 49.04 is the same as for alcohol, starting at a Class B misdemeanor on a first offense.
How long does THC remain in the blood after a Jefferson County stop?
Active THC drops quickly after use, while an inactive metabolite called carboxy THC can remain detectable far longer, and longer still in frequent users. The window varies with the person, the product and the amount. A positive result alone does not establish when cannabis was used or whether it was still having an effect.
Is there a per se THC limit for drivers in Beaumont, TX?
Texas has not adopted a per se THC level for drivers. The 0.08 figure in the Penal Code applies only to alcohol. In a marijuana case the state proves intoxication through impairment evidence such as driving behavior, officer observations, test performance and any drug recognition evaluation, with the blood result offered in support.
Can a possession charge and a DWI come from the same Jefferson County stop?
Two charges can be filed from one stop. The DWI rests on impairment under Penal Code § 49.04, and a possession charge rests on marijuana found in the vehicle or on the person under Health and Safety Code § 481.121. The elements differ, each has its own range, and each moves through the court system separately.
Does a medical cannabis prescription change a Beaumont DWI case?
Penal Code § 49.10 provides that being entitled to use a substance is not a defense to DWI, which reaches low-THC cannabis dispensed under the Texas Compassionate Use Program as well. The state still carries the burden of proving the driver had lost the normal use of mental or physical faculties while driving.
Mitchell Law Firm, PLLC
A THC Result Is Where The Case Starts
The state still has to prove impairment while driving. The ALR deadline runs from the day the notice of suspension is received.
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