Can I Get a DWI for Marijuana in Texas?

By Jeff Kennedy

Can I Be DWI on Marijuana in Texas?

It’s a simple truth that many people don’t learn the laws until they’ve already violated them. If you’ve been arrested for a DWI, or if you know someone who has, you may not have realized that being under the influence of drugs also counts as driving while intoxicated.

You can, in fact, be charged with driving while intoxicated (DWI) while under the influence of marijuana.

If you’re under the influence of alcohol or drugs, including marijuana, while operating a motor vehicle (or any moving vehicle for that matter), you can be arrested and charged with DWI. The good news is there are ways to fight this charge. You may want to consider fighting your charge with the help of an experienced DWI lawyer.

What a DWI Can Do to Your Life

While a first-time DWI doesn’t seem all that life-changing, it actually can be. A DWI is a Class B misdemeanor. You will likely spend a few days in jail. In addition, you’ll be slapped with a hefty fine that could greatly affect your financial situation.

Many DWI-related crimes could get you fired from your job, and the fact that a DWI is on your criminal record could affect your employment prospects for the rest of your life—even if it was “just a marijuana DWI.”

Most employers aren’t going to care that you were under the influence of marijuana instead of alcohol. When they’re reviewing your criminal history, they will just see the word “Irresponsible” flashing like a neon sign.

Defenses Against a DWI Charge in Texas

Here’s some good news: Your attorney can defend you in court and possibly keep the DWI off your record. A few possible defenses for a DWI involving marijuana are as follows:

  • You weren’t under the influence at the time you were driving. You had used marijuana several days or weeks earlier, and traces of the drug remained in your system.
  • You have been falsely accused.
  • The police stopped you illegally.
  • The lab made errors.

Call a Fort Worth DWI Lawyer

Now you know that you can be DWI on marijuana in Texas. Contact a DWI attorney with the Law Offices of Jeff C. Kennedy to discuss your case. Call 817-605-1010 or fill out the case review form below.


Jeff C. Kennedy was the light of hope at the end of very dark storm. He was not only able to defend my case swiftly, but had the alleged charges dismissed completely. His calm and empathetic demeanor offered emotional succor to myself and those I care about most. My children and I are eternally grateful for his excellent service and I hereby recommend Jeff C. Kennedy without reservation.


Jeff Kennedy truly cares. He and his staff kept me informed all the way throughout my case and provided me with all my options and the potential outcomes for my case. When the day finally arrived to resolve my case, Jeff was able to negotiate a reduction to a lesser charge. He was well prepared and coordinated everything perfectly. Jeff is not only a good lawyer, but a good man.


I hired Mr. Jeff Kennedy to handle a DWI charge. From day one, I knew I had picked the right attorney. Jeff always took the time to answer any of my questions, treated me very professionally, and truly cared about my case. I have never been in any kind of trouble before and I was very nervous about the thought of going to trial. Jeff thoroughly explained the entire process to me and made me feel at ease. Jeff took my case to trial and the jury found me NOT GUILTY!


Jeff Kennedy is a professional, intelligent, easy-to-talk-to lawyer with an excellent understanding of how the system works. Jeff was able to get my twice the legal limit BAC thrown out and he kept me from having an interlock device put on my car. This has been my only big mistake in life so far (hopefully the last) and I am glad he was there to walk me through it. You will not regret hiring him.

9133 Belshire Dr
North Richland Hills,
Texas 76182
301 W Vickery Blvd Suite #101
Fort Worth, Texas 76104
303 W Abram St
Texas 76010
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