Answer: So criminally, the first time you get charged with driving under the influence of marijuana, it’s going to be a misdemeanor. It’s just like driving under the influence of alcohol, carries the same range: 10 days to a year if it’s a misdemeanor in district court, up to six months if it’s a misdemeanor in municipal court. If you actually get convicted of it, then on your DPS side you’re going to get suspended. DPS doesn’t necessarily take action if it’s strictly DUI marijuana unless you actually get convicted on the criminal side. And then of course, just like any other DUI crime, if you get a second one within 10 years, that’s going to be enhanceable to a felony. And then the range of punishments, one to five on the first time felony, and then it keeps going up from there.
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