Can I Get a DWI Because of Marijuana or Other Drugs?

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In short, YES. You can still be charged and convicted of DWI even if you do not have a blood alcohol content score from a breath or a blood test. To win the case, the State must prove you were intoxicated and they can do this numerous ways. In Texas, “intoxication” is defined as not having the normal use of your mental or physical faculties by reason of the introduction of alcohol, a drug, a dangerous drug, or any combination. Thus, if an individual has lost the normal use of the mental or physical faculties by reason of the introduction of marijuana or any other drug, that individual can be charged with DWI. The roadside field sobriety tests are the tools the State uses to gather the majority of its evidence of loss of normal use.

In addition, to the DWI charge, if the police find any marijuana or other drugs in your vehicle or on your person you will most likely be charged with possession of a marijuana. Any arrest is a serious matter and you should consult with an experienced attorney on how to proceed with your case.

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