The governor of Illinois recently signed a new law that would make possession of small amounts of marijuana a civil matter. The new statute also clearly defines what it means to drive under the influence of marijuana. The law states that drivers who have five nanograms of THC in the blood or ten or more nanograms of THC in their saliva will be deemed intoxicated for purposes of driving under the influence. Illinois calls this driving under the influence, in Texas we know this as driving while intoxicated.
Texas does not quantify an intoxication level for marijuana like it does for alcohol in a DWI case. The legal limit for one’s BAC (blood alcohol concentration) is 0.08%. Texas further defines intoxication as not having the normal use of your mental or physical faculties by the introduction of alcohol, a drug, dangerous drug, controlled substance or a combination of the above substances.
The new law in Illinois gives a bright line rule like Texas has with alcohol. Currently the State of Texas could argue a person is intoxicated even with trace amounts marijuana in their system if a prosecutor is so inclined. Prosecutors make arguments that revolve around various factors like, size, gender, tolerance, amount of use etc to prove someone is intoxicated or under the influence of marijuana.
Criminal offenses involving marijuana and driving while intoxicated can be very serious. A fine, driver’s license suspension and confinement in custody are very possible. If you or a loved one has been charged with any level of marijuana possession or driving while intoxicated it is important to consult an experienced Tarrant County defense attorney.
The team of attorneys at Tarrant County based Gebhardt & Eppes, PLLC are former state prosecutors. They possess the skill and experience to build the strongest defense on your behalf. Contact Gebhardt & Eppes, PLLC at (817) 502-3600 for a free initial consultation.
Gebhardt & Eppes, PLLC strongly defend individuals throughout the greater Fort Worth area, including Arlington, Weatherford, Cleburne, and many surrounding communities.