Texas is a tough state to be charged with driving under the influence (DUI) of alcohol or other substance, even if it is a prescription drug. It is even worse if one is found in possession of marijuana when stopped for a DUI, even if it is for a medical condition. Texas does not recognize the legality of medical marijuana, so even having a prescription will not get one off the hook.
Of course, it would take all kinds of bad luck to be charged with both a DUI and marijuana possession, but it can happen. It is not even necessary for the engine to be on or the car moving to be charged with a DUI if one is obviously impaired (sleeping, groggy, bleary-eyed, smells of alcohol); simply being behind the wheel is enough. An article on the website of criminal defense lawyer Ian Inglis, marijuana possession in Texas is at least a misdemeanor, and a conviction is almost certain. However, it is possible to mitigate the charges with the help of an experienced attorney.
With a DUI charge, the consequences can be quite serious if convicted. According to the website of the Law Offices of Mark T. Lassiter in Dallas, the criminal sanctions of a DUI conviction may be far less devastating than social and professional repercussions. Something like that stays with one, especially because of the heightened awareness of society about the costs of DUI. Moreover, it is possible that a DUI conviction may result in a licensed professional being suspended or permanently barred from practicing.
However, it is actually possible to have the charges dismissed even if the results of the breath test or field sobriety tests indicate intoxication due to alcohol or another substance, depending on the circumstances and if the proper criminal defense is mounted. If you are being charged with DUI, find a lawyer in the area with a good track record with DUI cases. Your future may depend on it.
The penalties for these kinds of offenses are beyond steep. Those convicted of DUI can face years in prison depending on any prior convictions. In addition to incarceration, they could be fined thousands of dollars and even have their driving license suspended or revoked. Many drug charges, such as marijuana possession, also carry harsh punishments. While many law experts are beginning to agree that these punishments do not quite fit the crimes, the laws are explicit and must be followed.