Keep Those Marijuana Admissions Out Of Your DWI Case...
It usually takes high publicity cases to illustrate how the law is different from one State to another. The recent arrest of current Tennessee Titans and former University of Texas Quarterback, Chris Simms provides a perfect example of the subtle differences in the law by State Simms was arrested for DWI in the State of New York and because he told the arresting officer that he had smoked marijuana before the arrest he was charged with DUI. If he would have been arrested in Texas for DWI the statements he made regarding his marijuana use would have been suppressed. The law is clear in Texas that a person's statements regarding drug use prior to their DWI arrest are prejudicial unless the prosecution can provide more evidence. This relates to any drug whether it be marijuana, ambien or zanax. The Court of Criminal Appeals of Texas, the highest appellate court for criminal appeals in Texas decided that the Governement must provide more evidence if they want to introduce the statements. I have been able to exclude such statements here in Houston, Texas since the Court released the opinion.
The moral of the story is just because you told the police officer about your drug use it does not mean that they can prove that you were driving drunk or dui. A dwi lawyer will be able to explore all the pertinent legal issues surrounding your case.