texasdwisite.com/blog/ — Prepared June 2026 By Deandra Grant, J.D., M.S. (Pharmaceutical Science), ACS-CHAL Forensic Lawyer-Scientist The question: Can I get a DWI for marijuana or edibles in Texas? The short answer: Yes. Texas has not legalized recreational marijuana, but legality is not the question for DWI purposes. Even where cannabis is legal under another state’s […]
Category Archives: DWI Defense
By Deandra Grant, J.D., M.S. (Pharmaceutical Science), ACS-CHAL Forensic Lawyer-Scientist The question: What’s the difference between a DWI and a DUI in Texas? The short answer: In Texas, DWI and DUI are not interchangeable. DWI (Driving While Intoxicated under Penal Code §49.04) applies to adult drivers and requires either a blood alcohol concentration of 0.08 […]
The question: How do police prove a drug-based DWI without a blood test? The short answer: They do it through observation, blood testing, and a (theoretically) specially trained officer called a Drug Recognition Evaluator. The Intoxilyzer 9000 (the standard breath instrument used in Texas DWI cases) measures alcohol only. It does not detect cannabis, prescription […]
SCRAM, Ignition Interlock, Soberlink, and the New Wave of Wearables — What They Are, Who Makes Them, and Where the Science Breaks Down By Deandra Grant, J.D., M.S. (Pharmaceutical Science), ACS-CHAL Forensic Lawyer-Scientist If you have a DWI case in Texas, there is a good chance a monitoring device will become part of it […]
The question: Can I be arrested for DWI in Texas if my BAC is under 0.08? The short answer: Yes. The 0.08 blood alcohol concentration limit is one way Texas defines intoxication but it is not the only way. Under Texas Penal Code §49.01, a person is also intoxicated if they have lost the normal […]
The question: Should I answer the officer’s questions after a DWI arrest? The short answer: Almost never beyond identifying yourself. After a DWI arrest, you must provide your name, date of birth, and address. You do not have to answer questions about whether you’ve been drinking, where you’ve been, what you ate, or anything else […]
The question: Do I have to take a field sobriety test in Texas? The short answer: No. Field sobriety tests are voluntary in Texas. You are not required to perform them, you cannot be charged with a separate offense for refusing, and there is no automatic license suspension for declining (unlike the breath or blood […]
The question: What should I do if I’m pulled over and the officer thinks I’m drunk? The short answer: Be polite. Pull over safely. Provide your driver’s license, registration, and insurance when asked (required). But understand that you are not required to answer questions about whether you’ve been drinking, where you’ve been, or how much […]
By Deandra Grant, J.D., M.S. (Pharmaceutical Science), ACS-CHAL Forensic Lawyer-Scientist The question: Should I fight my DWI in Texas? The short answer: In almost every case, yes. A DWI conviction in Texas carries lifelong collateral consequences that extend far beyond the courthouse including background checks, professional licensing, security clearances, commercial driving privileges, insurance, immigration status, […]
By Deandra Grant, J.D., M.S. (Pharmaceutical Science), ACS-CHAL Forensic Lawyer-Scientist The question: How long does a DWI stay on my record in Texas? The short answer: Forever, unless it is sealed or expunged. Texas does not automatically remove DWI convictions or DWI arrests from your criminal history record after any waiting period. A DWI conviction […]