Marijuana DWI Lawyer In Conroe, TX
A marijuana DWI has no breath number and no legal THC limit behind it. This page explains what the state must prove, how a cannabis blood result is read, the penalties, how these cases are defended and what to do first.
What Is A Marijuana DWI In Texas?
A marijuana DWI is a standard DWI under Texas 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. 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 Define A Marijuana DWI?
A marijuana DWI is an ordinary DWI under Penal Code § 49.04 in which the state names cannabis as the cause. Marijuana is still a controlled substance in Texas, so it fits the definition of intoxicated in § 49.01(2): not having the normal use of mental or physical faculties because of a controlled substance.
Texas never set a THC figure for drivers. No blood level, however high, meets the definition automatically, and no level is low enough to rule a charge out. The question is always impairment at the time of driving.
Two Very Different Compounds
THC lab reports can name two compounds. Delta-9 THC is the active one that produces the effect. Carboxy THC is inactive, made by the body as it breaks the active compound down. The active compound falls off quickly after smoking. The inactive one can linger far longer. When a report lists only carboxy THC, it records past use and says nothing about the driver's condition behind the wheel.
What a cannabis blood result can and cannot show:
- It can show that cannabis was used at some point
- It can show whether the active compound was still present at the draw
- It cannot show the level at the moment of driving, which came earlier
- It cannot show whether that level impaired this particular driver
- It cannot show whether the THC came from marijuana or from legal hemp
If alcohol was also in the picture, the state can argue both together under the combination language of the statute. The wider list of substances behind DWI arrests is on which drugs lead to a DWI charge.
Penalties And Consequences
What Are The Penalties For A Marijuana DWI In Texas?
Alcohol and marijuana DWI are punished on one scale. If a possession charge is also filed, it is its own case with its own range. The figures below are statutory limits, not predictions.
Texas sets no THC limit for drivers.
- DWI level
- Class B misdemeanor for a first offense. Class A with one prior DWI conviction. Third degree felony with two prior convictions.
- Jail, first DWI
- 72 hours to 180 days.
- Fine, first DWI
- Up to $2,000.
- Marijuana possession
- Two ounces or less is a Class B misdemeanor under Health and Safety Code § 481.121, with larger amounts classified higher.
- License
- An ALR suspension on its own track, separate from anything ordered on conviction.
Real Questions
What Do People Ask About Marijuana DWI In Texas?
Can I be convicted if I used marijuana days ago?
Does the smell of marijuana prove impairment?
What if I used hemp or a CBD product?
Will the lab results take long?
Possible Defenses
How Can A Marijuana DWI Be Defended?
Active THC drops fast after use, which makes timing unusually important in a cannabis case. When a driver declines testing and the county's warrant process begins, a prosecutor has to draft the affidavit, a judge has to review it and a nurse has to draw the blood. Every step adds time, and a level measured after that delay is a level at the draw, not at the wheel.
The warrant itself can be examined. Whether the affidavit laid out probable cause on its face, whether the draw followed protocol and whether the lab work holds up are all proper questions. No result can be promised.
Tests Built For Alcohol
The standardized roadside tests were developed and validated to detect alcohol impairment. How well they measure cannabis impairment is far less settled, and anyone can struggle with them because of nerves, footwear, uneven ground or a long day. The DWI tests page walks through each one.
Points examined in a marijuana DWI file:
- Whether the report shows active THC or only the inactive breakdown product
- How long passed between the stop, the warrant and the draw
- What the affidavit said, and whether the video backs it up
- What the dash and body camera footage shows about driving, speech and balance
- Whether any drug evaluation followed its written protocol
- Whether hemp products could explain the THC at all
A possession charge from the same stop has its own defenses, starting with the search. The drug possession page covers that side of the case.
Was There Cause For The Stop?
Did the officer have a lawful reason to stop and detain the driver?
What Does The Video Show?
Do driving, speech and balance on video match the report?
Was The Search Lawful?
Did odor or another fact justify searching the car, and what was found?
Was The Draw Lawful?
A warrant, consent or an exception is required, and the warrant can be tested.
What Did The Lab Measure?
Does the report show active THC or only the inactive compound, and how was it tested?
Was It Hemp Or Marijuana?
Can the source be shown, and does the timeline connect the substance to the driving?
Local Process
What Happens After A Marijuana DWI Arrest In Montgomery County?
The steps follow Texas law. Which court takes the case, who prosecutes it and where a person is booked are specific to Montgomery County, and the blood sample in a cannabis case is often obtained through the county's warrant process.
Stop And Arrest
After the stop, the officer may run roadside tests, bring in a drug recognition evaluator or apply for a blood warrant.
Booking And Bond
The person is booked and taken before a magistrate, who sets bond.
The ALR Window
A hearing request is due within 15 days or the suspension begins on day 40.
Lab Results And Charging
The blood sample goes to a lab. The case moves forward when the report returns, and any possession charge follows its own path.
- Blood sample
- By consent or warrant. During the No Refusal program, a prosecutor drafts the warrant and an on-call judge reviews it. The program is TxDOT funded, run with the District Attorney's Office.
- Where it is filed
- A misdemeanor DWI and a misdemeanor possession case are both filed in one of the Montgomery County Courts at Law, prosecuted by Montgomery County District Attorney's Office.
- Arresting agency
- Conroe Police Department, Montgomery County Sheriff's Office, Texas DPS Highway Patrol, Montgomery County Constables, Precincts 1 through 5, Willis Police Department, Shenandoah Police Department, Oak Ridge North Police Department, Magnolia Police Department, Splendora Police Department, or Roman Forest Police Department.
- Booking
- The Montgomery County Jail, run by the Montgomery County Sheriff's Office. Roughly 1,100 beds, with a daily population that regularly runs over a thousand. Sheriff's Office headquarters sits at the same address.
- If the case is appealed
- Appeals go to the Ninth Court of Appeals in Beaumont.
Arrests come from across the county, including The Woodlands, Willis, Montgomery, Magnolia, Shenandoah, Oak Ridge North, Panorama Village, Cut and Shoot, Splendora, New Caney, and Porter, and all of them are booked at the same jail on 1 Criminal Justice Drive.
Next Steps
What Should You Do After A Marijuana DWI Arrest?
Lab work takes time, and the deadlines do not wait for it. The steps below are general information, not advice for any one person.
Count 15 Days
The ALR request is due on its own schedule, with or without a lab report.
Write Down Your Timeline
Record when you last used cannabis or hemp and which product it was.
Keep Product Records
Hold on to packaging, receipts or lab sheets for any hemp or CBD item.
Say Nothing About Use
Keep your use out of conversations with police and out of social media.
Save The Paperwork
Keep the arrest, warrant, bond and court papers together.
Check For A Possession Count
A possession charge is a separate case with deadlines of its own.
Speak with a lawyer before giving statements or making decisions about the case. Mitchell Law Firm offers a confidential conversation about a marijuana DWI in Montgomery County, and an early call helps protect the license deadline.
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 Conroe 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 Conroe, TX
Cannabis cases sit beside the hemp product and wider drug DWI charges. See the full DWI defense overview for Conroe.
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 Montgomery 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 Conroe Ask
Is there a THC limit for drivers in Conroe, TX?
Texas has not adopted any THC level for drivers. The 0.08 concentration in Penal Code § 49.01(2) applies to alcohol and nothing else. In a marijuana DWI the state has to prove the driver had lost the normal use of mental or physical faculties, relying on driving behavior, the officer's observations, test performance and any drug evaluation, with a blood result offered as support.
Why does a marijuana DWI in Montgomery County depend on a blood test?
Breath instruments measure alcohol and do not detect THC, so the only chemical evidence of cannabis is a blood sample. Montgomery County's No Refusal program applies on weekends, holidays and announced enforcement periods. During those periods a driver who declines testing faces a blood search warrant drafted by a prosecutor and reviewed by an on-call judge.
What does carboxy THC on a Montgomery County lab report mean?
Carboxy THC is an inactive compound the body produces while breaking down THC. It can remain in the blood well after any effect has faded, and longer in people who use cannabis often. A report showing carboxy THC shows that cannabis was used at some point. It does not show when, and it does not show impairment while driving.
Can a Conroe officer make a DWI arrest based on the smell of marijuana?
Odor is one observation an officer can record, and it may figure in decisions made during the stop. It is not a measure of impairment. The DWI charge still requires proof that the driver had lost normal use of mental or physical faculties while driving. Burnt marijuana, raw cannabis and legal hemp can smell alike, and odor does not show when anything was used or by whom.
Does marijuana found in the car add a separate case in Montgomery County?
A possession charge under Health and Safety Code § 481.121 is separate from the DWI. Two ounces or less of marijuana is a Class B misdemeanor, and larger amounts carry higher classifications. Each charge has its own elements, so the possession case turns on the search and on who controlled the marijuana, while the DWI turns on impairment.
Does a Texas medical cannabis prescription matter in a Montgomery County DWI?
Penal Code § 49.10 provides that being entitled to use a substance is not a defense to DWI, and that includes low THC cannabis dispensed through the Texas Compassionate Use Program. The prescription does not add anything to the state's side either. The prosecution still has to prove a loss of normal use of mental or physical faculties at the time of driving.
Mitchell Law Firm, PLLC
Your Freedom Is Our Fight
A THC result opens a marijuana DWI case. It does not prove one. The ALR deadline starts when the notice of suspension is received.
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