Can a person be convicted of intoxication manslaughter in the state of texas for testing positve for marijuana in their blood

In Texas, a person can be convicted of intoxication manslaughter if the person (1) operates a motor vehicle in a public place...; and (2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake. Tx. Pen. Code Sec. 49.08 Intoxicated is defined as: not having the normal use of mental or physical faculties by reason of 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;... Tex. Pen. Code Sec. 49.01 (This definition includes marijuana) In short, the answer to your question is yes, it is possible for a person to be convicted of intoxication manslaughter in the State of Texas for testing positive for marijuana in their blood.

As Mr. Dietrich pointed out, "intoxicated" under Texas DWI law does not necessarily have to do with alcohol; it can be from ANYTHING that you put into your body. This definitely includes marijuana and all other illegal drugs. Simply because you had marijuana present in your system does not mean that you had "lost the normal use of your physical or mental faculties" because of it. The State would have to show that the level of marijuana was indicative of some form of impairment (since marijuana stays in your system up to 60 days after smoking). You should talk to a local criminal defense attorney who handles DWIs ASAP. Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

The short answer, as stated above is YES. Those above two answers are spot on. The argument then becomes, at what level THC is a person intoxicated? THC only cases are much less common than the classic alcohol only DWI. Find an experienced attorney to assist you. DISCLAIMER- THIS IS NOT LEGAL ADVISE, NOR WILL THIS FORM AN ATTORNEY CLIENT RELATIONSHIP.