How To Defend Against Driving High In Texas

How To Defend Against Driving High In Texas

If you are pulled over in Texas and accused of driving while high, you’re facing serious legal trouble. Driving under the influence of marijuana or any other drug can lead to a DWI charge, just like alcohol. Many people charged with driving while high don’t understand the law or what’s at stake. But just because you were arrested doesn’t mean you’re guilty, and it definitely doesn’t mean your case can’t be fought.

In Texas, a DWI doesn’t require alcohol to be involved. If law enforcement believes that a drug, including marijuana, impaired your ability to drive, you can be arrested and charged. The legal process that follows can affect your record, license, career, and reputation. At Mark Diaz & Associates, we fight these charges every day. We understand how Texas DWI laws work, and we understand how to challenge the state’s case from the start.

What Texas Law Says About Driving High

Under Texas Penal Code § 49.04, a person commits DWI if they are “intoxicated while operating a motor vehicle in a public place.” The word “intoxicated” doesn’t just mean drunk. It also means:

• Not having the normal use of mental or physical faculties
• Caused by the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body

This is important. The state doesn’t have to prove a specific amount of marijuana in your system. They only need to claim that the substance affected your ability to operate your vehicle.

No Legal Limit For Marijuana In Texas

Unlike alcohol, marijuana does not have a legal threshold of 0.08% BAC. Texas doesn’t recognize a per se limit for THC (the active ingredient in marijuana). This gives officers and prosecutors more room to argue that you were impaired, even if your behavior wasn’t clearly unsafe or you only used cannabis the day before.

That’s one reason defending against these charges is so important. THC can remain in your system long after the effects wear off. Just because you tested positive doesn’t mean you were impaired while driving.

Common Ways Police Claim You’re Driving High

Officers look for signs of drug use when they stop a driver. These can include:

• Slurred speech
• Slowed reactions
• Bloodshot eyes
• The smell of marijuana in the car
• Confused or lethargic behavior
• Difficulty following instructions during field sobriety tests

However, these signs can be caused by many things—lack of sleep, stress, allergies, or a medical condition. Just because an officer claims you “looked high” doesn’t mean the case is open and shut.

Field Sobriety Tests And Marijuana

If you’re pulled over and suspected of being high, the officer may ask you to perform field sobriety tests. These are physical coordination tests designed to detect impairment. The problem? These tests were developed for alcohol, not marijuana. They’re subjective and often unreliable.

We regularly challenge the way field sobriety tests are administered in DWI drug cases. Many officers don’t follow proper procedures, and many people fail for reasons that have nothing to do with drug use.

Drug Recognition Experts (DREs)

In some cases, a specially trained officer called a Drug Recognition Expert may be called to evaluate you. They conduct a 12-step process to determine whether you’re under the influence of a drug, but participation is entirely voluntary. But even DRE testimony is open to challenge. The training is minimal compared to medical standards, and the results are based on opinion, not science.

We cross-examine DREs aggressively. Their conclusions can be questioned, and their methods can be exposed when they don’t follow protocol or rely on assumptions.

Blood Testing For THC

If you’re arrested for suspicion of driving high, you may be asked to take a blood test. While this can show the presence of THC, it does not measure current impairment. THC can stay in your system for days—or even weeks—after use.

Under Texas Transportation Code § 724.011, drivers are deemed to have given implied consent to testing. However, police still need a warrant if you refuse, unless there are special circumstances. We often challenge blood test results in DWI drug cases, especially when the testing procedures are flawed or the timeline doesn’t match the alleged impairment.

Building A Strong Defense Against DWI Drug Charges

When you hire us, we don’t just look at one part of your case—we examine every detail. Here are some of the things we focus on:

• Reason for the traffic stop – Did the officer have legal grounds to pull you over?
• Probable cause for arrest – Were there real indicators of impairment or just assumptions?
• Testing procedures – Was the blood test handled properly? Were the labs certified?
• Witness statements – Was there anyone else who saw what happened?
• Video evidence – Does the officer’s bodycam match their written report?

Every piece matters. If the state’s evidence is weak, we can push for reduced charges or even a full dismissal.

How We Help Clients In Galveston And Houston

At Mark Diaz & Associates, we know what’s at stake when you’re charged with DWI involving drugs. We’ve defended clients throughout Galveston and Houston who were accused of driving high. We build strong, personalized defenses and fight aggressively to protect your rights, your license, and your freedom.

FAQs About Driving High And DWI Charges In Texas

Can I Be Charged With DWI In Texas For Marijuana Even If It’s Legal Somewhere Else?

Yes. Marijuana is still illegal in Texas, regardless of whether it’s legal in another state. If law enforcement believes you’re impaired by marijuana while driving, you can be charged with DWI under Texas Penal Code § 49.04. It doesn’t matter where the marijuana came from.

Is It Illegal To Drive With THC In My System Even If I’m Not High?

It depends on whether the officer believes you were impaired. Texas law focuses on impairment, not just the presence of a substance. However, prosecutors may try to use THC in your system as proof that you were intoxicated. That’s why it’s important to challenge how and when the test was done.

What Should I Do If I’m Pulled Over And The Officer Thinks I’m High?

Be polite, but don’t admit to using marijuana. Don’t volunteer information. You have the right to remain silent. If asked to perform field sobriety tests, you can politely refuse, but you should know that refusal may lead to arrest. Call an attorney as soon as possible.

Can I Refuse A Blood Test If I’m Arrested For DWI?

You can refuse, but under Texas’s implied consent law (Texas Transportation Code § 724.011), your driver’s license may be suspended. Police may also obtain a warrant to force a blood draw. Whether the search was lawful can be challenged in court.

How Long Does THC Stay In My System?

THC can stay in your system for several days or even weeks, depending on how often you use it ,but there is a key difference between active THC versus residual (metabolite) which is present from previous use. That’s one of the key issues in DWI cases involving marijuana—your system may show THC even if you weren’t high while driving.

Will I Lose My Driver’s License If I’m Convicted Of Driving High?

Yes. A first-time DWI conviction typically results in a license suspension. You may be eligible for an occupational license to drive to work or school, but conditions apply. It’s best to act quickly so we can request a hearing and try to save your license.

Can A Passenger’s Marijuana Cause Me To Get Arrested?

If marijuana is found in your car—even if it belongs to a passenger—you could still be charged, especially if the officer believes you were using it too. Your defense will depend on the circumstances, but it’s possible to be charged based on proximity alone.

What If I Have A Prescription For Medical Marijuana From Another State?

Texas does not recognize out-of-state medical marijuana prescriptions. Driving under the influence of any drug—even one legally prescribed in another state—can still result in a DWI charge in Texas if it affects your ability to drive.

How Can A Lawyer Help Me Fight These Charges?

We examine every part of the arrest: the stop, the search, the testing, and the officer’s conduct. If your rights were violated or the evidence is weak, we may be able to suppress key parts of the case or have the charges dismissed. Your defense starts the moment you call us.

Call Mark Diaz & Associates If You’ve Been Charged With Driving High In Galveston Or Houston

Drug-based DWI charges in Texas are serious, but they can be fought. At Mark Diaz & Associates, we have the experience and legal knowledge to defend you from the ground up. Contact our Galveston DWI defense lawyers at Mark Diaz & Associates by calling 409-515-6170 to receive your free consultation. Mark Diaz & Associates represents clients throughout Galveston, Houston, and the surrounding counties. Let our law firm fight for your future. Call us 24/7 for a free case review and consultation with one of our legal professionals.