Marijuana DWI Lawyer In Orange, TX
Texas has no THC limit for drivers, so a marijuana DWI turns on whether you had lost the normal use of your faculties while driving. This page covers the law, penalties, defenses and next steps.
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 a standard Texas DWI under Penal Code § 49.04, where the state says marijuana caused the impairment. Marijuana remains a controlled substance in Texas, and it fits the definition of intoxicated in Penal Code § 49.01(2), which covers the loss of normal use of mental or physical faculties from a controlled substance.
What the state cannot do is rely on a number. Texas has no THC limit for drivers, and the 0.08 standard in the statute applies only to alcohol. The state has to prove actual impairment while driving.
THC And Carboxy THC
A cannabis blood test can report two different things. Delta-9 THC is the active compound. Carboxy THC is an inactive metabolite the body produces as it breaks THC down. Active THC drops quickly after use. The metabolite lingers, sometimes for a long time in people who use cannabis regularly. A report showing only the metabolite says the person used cannabis at some point, not that they were under its effect behind the wheel.
What the state has to connect in a marijuana DWI:
- Operation of a motor vehicle in a public place
- A loss of normal use of mental or physical faculties
- Marijuana, alone or combined with another substance, as the cause
- All of it at the time of driving, not hours earlier or later
If alcohol was involved too, the state can argue the two together under the combination language in the statute. The categories that come up most in drug DWI cases 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 and an alcohol DWI share one penalty scale. A possession charge, if one is filed, is a separate case with its own range. These are statutory limits, not predictions.
Texas sets no THC limit for drivers.
- DWI classification
- Class B misdemeanor for 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.
- Possession of marijuana
- Two ounces or less is a Class B misdemeanor under Health and Safety Code § 481.121. Larger amounts carry higher classifications.
- Driver's license
- An administrative suspension through the ALR process, separate from any suspension ordered on conviction.
Real Questions
What Do People Ask About Marijuana DWI In Texas?
Can I be convicted if I smoked 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?
The standardized field sobriety tests were developed and validated to detect alcohol impairment. Their use for cannabis is less settled, and a driver can perform poorly on them for reasons unrelated to any substance, including nerves, footwear, weather and the surface of the road.
An attorney reviews each piece of the file: the stop, the officer's observations, the video, the blood draw and the lab data. No result can be promised.
Points examined in a marijuana DWI file:
- Whether the lab reported active THC or only the metabolite
- How long passed between the stop and the blood draw
- Whether the blood draw was by consent or warrant, and how the warrant was supported
- What the video shows about driving, speech and balance
- Whether a drug recognition evaluator was involved and followed the protocol
A possession charge from the same stop has its own defenses, starting with the search. See drug possession for 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 needed, and the warrant can be tested.
What Did The Lab Measure?
Does the report show active THC or only the metabolite, and how was it tested?
Was It Hemp Or Marijuana?
Can the source be shown, and does the timeline link the substance to driving?
Local Process
What Happens After A Marijuana DWI Arrest In Orange County?
The steps follow Texas law. Who prosecutes, where the case is filed and where a person is booked are specific to Orange County.
Stop And Arrest
After a stop, an officer may perform roadside tests, call a drug recognition evaluator or seek 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.
- Where the DWI is filed
- A misdemeanor charge is filed in one of the Orange County Courts at Law and prosecuted by the Orange County District and County Attorney's Office, the same office that handles any possession charge from the stop.
- Arresting agency
- Orange Police Department, Orange County Sheriff's Office, Texas DPS Highway Patrol, Vidor Police Department, Bridge City Police Department, Pinehurst Police Department, or West Orange Police Department.
- Booking
- The Orange County Correctional Facility, run by the Orange County Sheriff's Office.
- If the case is appealed
- The Ninth Court of Appeals in Beaumont.
Next Steps
What Should You Do After A Marijuana DWI Arrest?
Blood results take time, but the deadlines do not. 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.
Do Not Discuss Use
Do not post or talk about your use with police or others.
Keep All Paperwork
Save the arrest, warrant, bond and court documents.
Ask About Any Possession Charge
A possession count is a separate case with its own deadlines.
Talk to a lawyer before giving statements or making decisions about the case. Mitchell Law Firm offers a confidential conversation about a marijuana DWI in Orange County. Calling early 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 Orange 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 Orange, TX
Cannabis cases sit next to several other drug and THC product charges. See the full DWI defense overview for Orange.
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 Orange 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 Orange Ask
Can you get a DWI for marijuana in Orange, TX?
Texas Penal Code § 49.01(2) defines intoxicated to include loss of normal use of mental or physical faculties from a controlled substance or any other substance. Marijuana falls within that language. A DWI based on marijuana carries the same penalty range under Penal Code § 49.04 as one based on alcohol, starting at a Class B misdemeanor for a first offense.
How long does THC stay in your blood after a DWI stop in Orange County?
Active THC falls quickly in the blood after smoking, while its inactive metabolite, carboxy THC, can remain detectable for much longer, and longer still in frequent users. The exact window varies with the person, the product and the amount. Because of that, a positive blood result cannot on its own establish when the marijuana was used or whether it was still having an effect.
Is there a legal THC limit for drivers in Orange, TX?
Texas has not set a per se THC level for drivers. The 0.08 figure in the Penal Code applies only to alcohol. In a marijuana DWI, the state proves intoxication through evidence of impairment, such as driving behavior, the officer's observations, test performance and any drug recognition evaluation, with the blood result offered as supporting evidence.
Can I be charged with possession and DWI after one stop in Orange County?
Two separate charges can be filed from the same stop. The DWI rests on impairment under Penal Code § 49.04. A possession charge rests on marijuana found in the vehicle or on the person, under Health and Safety Code § 481.121. The two charges have different elements, and each has its own penalty range and its own path through the court system.
Does a medical cannabis prescription help in an Orange County DWI case?
Texas Penal Code § 49.10 provides that being entitled to use a substance is not a defense to DWI. That includes low THC cannabis dispensed under the Texas Compassionate Use Program. 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
Your Freedom Is Our Fight
A THC result is where a marijuana DWI case starts, not where it ends. The ALR deadline starts when the notice of suspension is received.
Orange Office
