UT Austin Student DWI & Marijuana Lawyer

One UT Austin Incident Can Start Three Separate Proceedings

A DWI, marijuana, THC vape, or delta-8 arrest near campus rarely stays a single case. The State may file criminal charges, a separate driver’s-license proceeding can open with Texas DPS, and UT Austin may investigate the same incident under its own Institutional Rules — each moving on its own procedures and its own standard of proof.

The Travis County Criminal Case. The State may file a DWI, marijuana-possession, controlled-substance, paraphernalia, or other charge. A misdemeanor or felony case arising in Austin is generally handled through the Travis County criminal courts.

The Driver’s-License Case. A DWI arrest can trigger a separate Administrative License Revocation proceeding. A driver generally has only 15 days after receiving notice to request a hearing — waiting for the first criminal court date may be too late.

The UT Student Conduct Case. UT Austin may investigate the same incident under its Institutional Rules. That proceeding can move before, during, after, or without a criminal prosecution, on a different standard of proof than the criminal courts. A statement made in a campus meeting can create problems in the criminal case, and a dismissal in court does not automatically end a UT conduct matter.

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The 2026 Texas Delta-8 Change Students Need to Understand

Texas did not enact the broad hemp ban proposed in Senate Bill 3 in 2025 — that bill was vetoed. But the legal treatment of delta-8 changed significantly in 2026.

After Texas Supreme Court litigation involving the Department of State Health Services, DSHS reinstated its clarifications to the state controlled-substances schedule, effective July 31, 2026.

DSHS now states that only trace amounts of delta-8 THC naturally produced by the hemp plant are permissible. Consumable hemp products labeled as containing delta-8, or shown to contain more than trace amounts of delta-8 or other tetrahydrocannabinols, may be detained and referred to law enforcement. A qualifying hemp product may still contain no more than 0.3% delta-9 THC on a dry-weight basis, subject to Texas hemp rules.

A package purchased from a smoke shop, convenience store, or online retailer is not automatically safe from scrutiny. A receipt and retail label should be preserved, but the product’s actual chemical composition, certificate of analysis, testing method, and the law in effect on the alleged offense date may control how the case is evaluated. Do not throw away the package, receipt, QR code, certificate-of-analysis link, or remaining product — those items may become important evidence.

Delta-8, Delta-9 Hemp, Marijuana and THC Concentrates Are Not the Same Thing

Students often use “weed,” “THC,” “hemp,” “delta-8,” and “CBD” as if they mean the same thing. Texas law does not.

Class B / Class A Misdemeanor

Marijuana Flower

Possession of two ounces or less is generally a Class B misdemeanor, carrying up to 180 days in jail and a fine up to $2,000. More than two and up to four ounces is generally a Class A misdemeanor, carrying up to one year in jail and a fine up to $4,000. Larger amounts can become felonies.

Effective July 31, 2026

Delta-8 Products

Under the DSHS position now in effect, more than naturally occurring trace amounts of delta-8 in consumable hemp products may be treated as controlled substances. The product should be preserved and independently evaluated rather than identified solely by an officer’s description or package branding.

0.3% Dry-Weight Threshold

Delta-9 Hemp Products

Texas continues to recognize qualifying hemp products containing no more than 0.3% delta-9 THC on a dry-weight basis. Compliance can depend on testing, labeling, source, formulation, and current regulations — “sold in a store” and “lawful under every circumstance” are not the same conclusion.

State Jail Felony — Under 1 Gram

THC Vape Oil, Wax & Concentrates

If the State alleges a cartridge, wax, oil, gummy, or other product contains a prohibited THC substance rather than marijuana flower or lawful hemp, it may pursue a Penalty Group 2 charge — an alleged amount under one gram can be a state jail felony.

UT Austin student DWI and marijuana defense attorney Travis County

Can a UT Student Get a DWI for Marijuana or Delta-8?

Yes. Texas DWI law applies to alcohol, a controlled substance, a drug, a dangerous drug, two or more of those substances, or a combination involving alcohol. Unlike alcohol, Texas does not establish a 0.08-equivalent numerical impairment limit for marijuana or most drugs. A positive THC result may show prior use, but it does not necessarily prove the student had lost the normal use of mental or physical faculties while driving.

Drug-related DWI evidence may include the reason for the traffic stop, dash-camera and body-camera video, driving behavior, statements made to officers, field sobriety testing, a Drug Recognition Expert evaluation, blood or urine collection procedures, the toxicology result and the specific cannabinoid or metabolite identified, the time between driving and specimen collection, and medical conditions, fatigue, anxiety, or other explanations for observed behavior.

Even if a hemp product was lawfully possessed, driving while intoxicated by a drug can still be charged as DWI. Legality of possession and proof of impairment are separate questions.

What If the UT Student Is Under 21?

Texas has a zero-tolerance alcohol rule for drivers under 21, but it does not create a separate zero-tolerance THC concentration.

For a marijuana- or drug-related DWI allegation, the prosecution must still prove the elements of DWI. An under-21 traffic stop may nevertheless produce multiple allegations involving alcohol, a fake ID, an open container, marijuana, THC, or another drug. Each charge and license consequence should be evaluated separately, not treated as a single package.

UT Austin Can Proceed Even If the Criminal Case Is Pending

UT’s published rules prohibit unauthorized drug use or possession, possession of drug paraphernalia, and unauthorized drug sale or distribution.

UT uses a preponderance-of-the-evidence standard in student-conduct cases — whether it is more likely than not that a violation occurred. That is lower than the beyond-a-reasonable-doubt standard required for a criminal conviction. Possible UT sanctions include a written warning, disciplinary probation, educational requirements, loss of campus housing or extracurricular privileges, deferred suspension, suspension, and expulsion.

UT rules include short response, hearing-selection, and appeal periods in parts of the conduct process. Do not ignore an email because the criminal court has not yet acted.

Our role is criminal defense informed by campus consequences. We defend the Travis County criminal case and the driver’s-license proceeding, and we help students understand — and calendar — the separate deadlines a UT Student Conduct notice can create, so decisions in one process are made with the other in view.

Common UT Austin Student Cases We Defend

First-time DWI
Marijuana- or THC-related DWI
DWI involving drugs and alcohol
Marijuana possession
Delta-8 vape, gummy, and edible allegations
THC cartridge, oil, wax, and concentrate cases
Disputes involving lawful hemp versus a controlled substance
Possession of a controlled substance
Possession of drug paraphernalia
Fake ID and underage alcohol allegations
Public intoxication
Search-and-seizure cases involving a vehicle, apartment, dorm room, backpack, or phone
Allegations arising near West Campus, North Campus, Downtown Austin, Sixth Street, and the UT campus area

Austin student defense attorneys Mark Hull and Allison Tisdale — UT Austin DWI marijuana defense

How The Hull Firm Challenges the Evidence

01

The Stop and Detention

We compare the officer’s stated reason for the stop against video, dispatch records, and the complete timeline. A traffic violation does not give police unlimited time to investigate unrelated suspicions.

02

The Search

We examine consent, probable cause, warrants, vehicle-search rules, and who had authority over the location or property searched. The presence of lawful hemp can complicate assumptions based only on odor or appearance.

03

Knowing Possession

Proximity is not automatically possession. Shared vehicles, apartments, rooms, bags, and common areas can create disputes over knowledge, custody, and control.

04

Laboratory Identity and Weight

We examine what the lab tested, the cannabinoid identified, the certificate of analysis, chain of custody, testing method, and whether the State included carrier oil, food ingredients, adulterants, or dilutants in its alleged weight.

05

Impairment Versus Prior Use

For a drug DWI, we compare the toxicology result with video, driving behavior, officer observations, timing, and alternative explanations. Presence and impairment are not identical questions.

What UT Students and Parents Should Do Now

1

Request legal help immediately if a 15-day ALR deadline may be running.

2

Preserve every court, DPS, bond, and UT Student Conduct notice.

3

Save the product package, receipt, QR code, and certificate-of-analysis information.

4

Preserve texts, photographs, location history, rideshare records, and witness names.

5

Do not post about the incident or ask friends to coordinate accounts.

6

Follow bond conditions and university directives unless they are formally changed.

7

Get advice before making a detailed statement in either proceeding.

Why UT Austin Students and Families Call The Hull Firm

Mark Hull has defended clients in Austin and Travis County courts for over 20 years. Allison Tisdale prosecuted DWI cases as a Travis County prosecutor before joining the defense — she understands how a Travis County file gets built, and where it tends to be vulnerable.

Our Austin office sits at 1004 West Ave, less than one mile from the Travis County criminal courthouse. We have secured more than 960 dismissed or rejected cases across Austin and Central Texas since 2021. Past results do not guarantee a similar outcome; every case depends on its own facts.

◆ 20+ Years in Austin & Travis County Courts

Regular appearances in Travis County Courts at Law and District Courts.

◆ Former Travis County Prosecutor

Allison Tisdale prosecuted cases before joining the defense side.

◆ Austin Office — 1004 West Ave

Less than one mile from the Travis County criminal courthouse.

◆ 960+ Dismissed or Rejected Cases Since 2021

5.0 Google rating across Austin and Central Texas.

960+Dismissed or Rejected Cases

5.0Google Rating

20+Years in Austin Courts

Frequently Asked Questions

Common questions about UT Austin student DWI, marijuana, and delta-8 charges in Travis County.

Is delta-8 legal in Texas in 2026?+

Do not rely on older articles saying delta-8 is broadly legal. DSHS reinstated controlled-substance scheduling language effective July 31, 2026 and states that only naturally occurring trace delta-8 in hemp is permissible. Product composition, testing, and the offense date matter.

Did Texas ban every hemp product?+

No. The broad 2025 Senate Bill 3 hemp ban was vetoed. Texas continues to recognize qualifying consumable hemp products with no more than 0.3% delta-9 THC on a dry-weight basis, but the delta-8 scheduling change and other regulatory requirements still matter.

Does buying a THC product from a store make it legal?+

Not necessarily. Preserve the receipt and packaging, but retail availability does not establish that the product complied with Texas law or that police and prosecutors will classify it correctly.

Does a positive THC blood test prove DWI?+

Not by itself. The State still must prove intoxication while operating a motor vehicle. The specific substance, concentration, timing, testing reliability, video, driving behavior, and officer observations may all matter.

Will UT wait for the criminal case to finish?+

Not necessarily. UT expressly allows its conduct process to proceed independently of the criminal case.

Should a parent make the first call?+

A parent may contact the firm, but an adult student’s authorization is generally needed before confidential case details can be discussed.

Austin Student Defense Resources

Related pages covering DWI and criminal defense in Austin and Travis County. Our dedicated pages on Austin marijuana possession and controlled-substance defense are in progress — call the number above and we can walk through those charge types directly.

What Our Clients Say

5.0 stars from clients across Austin, Travis County, and Central Texas.

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UT Austin Student DWI, Marijuana & THC Defense Lawyer