The charge of driving while intoxicated in Texas includes drivers who are impaired by the use of marijuana. A person convicted of driving while high will face:
- Three to 180 days in prison and a fine of as much as $2,000 for the first offense;
- 30 days to one year in prison and a fine of as much as $4,000 for the second offense; and
- Two to 10 years in prison and a fine of as much as $10,000 for the third offense.
Texas law enforcement is identifying an increasing number of drivers who test positive for marijuana. However, the protocols for determining a DWI on marijuana are less refined than for a DWI on alcohol. This can lead to erroneous charges, which a skilled lawyer can contest.