Marijuana Penalties In Texas

The state of Texas has specific marijuana laws that help to stop the drug abuse that seems to be ongoing in the US. Most of the punishments for possession or selling marijuana depends on the amount of the drug that is being held or sold.

If you are caught in possession of 2 ounces or less of marijuana, it is considered a Class B Misdemeanor which is up to 180 days in jail and a $2,000 fine. Between 2 ounces and 4 ounces it then becomes a Class A Misdemeanor which is up to 1 year in jail. The person will also be required to pay up to $4,000 fine depending on what the judge decides. From 4 ounces up to 1 pound and from 1 pound up to 5 pounds of marijuana is what is called a state jail felony. This requires between 180 days and 2 years in a state facility with up to $10,000 fine issued by the judge.

If the person is caught with between 5 and 50 pounds then it is considered a third degree felony. This is punishable with 2 to 10 years in jail with up to a $10,000 fine which is also issued by the presiding judge. From 50 to 2,000 pounds is considered a second degree felony which is punishable between 2 to 20 years with up to $10,000 fine. Anything over 2,000 pounds is a full felony punishable between 5 to 99 years in jail with up to $50,000 fine decided upon by the judge.

The sale of marijuana works a bit differently. Any sale to a minor is an automatic felony up to 20 years of incarceration and up to a$10,000 fine decided on by a judge. Any gift of ¼ of an ounce or less is a Class B Misdemeanor with is punishable with up to 180 days in jail with up to $2,000 fine. Any sale of ¼ of an ounce or less becomes a Class A Misdemeanor which is can be punishable with up to 1 year in jail with an increased fine of $4,000. Up to 5 pounds of marijuana becomes a state jail felony. This is punishable with between 180 days and 2 years in jail and an increased fine of $10,000 fine.

Between 5 and 50 pounds becomes classified as a third degree felony with between 2 and 10 years of incarceration and the same amount of a fine. Anywhere between 50 and 2,000 pounds is classified as a second degree felony. The penalty will be anywhere from 2 to 20 years in jail with the same $10,000 fine. Any sale of 2,000 pounds or more is a felony with a minimum of 10 years and up to 99 years in jail. The fine then is raised to a maximum of $100,000.

If any of the above events happen within 1,000 feet from a school, all of the penalties will be increased drastically because of the proximity to children.

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Challenging the Breath Test in Court

A breathalyzer or breath test result showing a blood alcohol concentration (BAC) over the legal limit can be one of the most damaging pieces of evidence in the context of a driving while intoxicated (DWI) or driving under the influence (DUI) trial. Though damaging, however, breathalyzer evidence is not ironclad. A variety of factors may cause false or inaccurate readings, allowing DWI defense lawyers to challenge their reliability in court.

Common ways to dispute breathalyzer test results include:

Calibration Error

Like any machine, breathalyzers degrade and become less sensitive over time. Proper calibration is needed to ensure that results are accurate. Evidence that a machine was not properly adjusted and/or maintained may discredit its results.

Operator Qualifications

In most states, strict laws are in place to regulate the operation and maintenance of breath test machines. Because these devices are very sensitive, operators must be properly trained to adapt to different environmental, biological, and physical circumstances. A test administered by an untrained police officer may produce inaccurate or unreliable readings.

Absorption Defense

The absorption of alcohol into the bloodstream takes time. By some estimates, it may take up to two hours for consumed alcohol to reach equilibrium distribution throughout the body. Breathalyzer tests administered during this period can produce inaccurate results, since alcohol content is inconsistent in different areas of the body. Furthermore, if alcohol has not yet been absorbed into the bloodstream, it does not contribute to a person's level of intoxication.

Biological Variables

Breath test results are based on a standard mathematical formula which relates the amount of alcohol on a person's breath with the amount of alcohol present in their bloodstream. This formula, however, only applies when all biological variables conform to its standards. The ratio of breath alcohol to blood alcohol varies between individuals and over time; variations in body temperature can also affect results.

Summary

All in all, there are many ways in which breathalyzer tests can produce inaccurate or misleading results, leading to situations where defendants can and should challenge this evidence in court. To learn more about how breath tests are administered and how they respond to outside interference, visit the website of Austin DWI lawyers Morales & Navarrete at http://www.dwi-lawyers-austin.com.

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