Drugged Driving Laws in Texas

Texas drivers should know that driving under the influence (DUI) of alcohol is incredibly dangerous and illegal, but it’s also vital to recognize that other drugs can lead to DUI charges as well. Texas generally punishes drugged driving in the same way as drunk driving, but there’s a good possibility that a drugged driver will also face additional criminal charges for drug possession, paraphernalia, and more.

When a police officer conducts a traffic stop, he or she will assess the driver’s condition and determine whether he or she appears intoxicated. If the police officer smells alcohol on the driver, notices empty or partially empty alcohol bottles in the vehicle, or the driver is visibly intoxicated, the police officer will likely issue a chemical test to confirm that the driver is intoxicated. While a breathalyzer can identify drunk drivers, a police officer will likely require a blood sample if he or she suspects the driver is under the influence of other drugs, such as methamphetamine, cocaine, or opioids.

In some cases, a police officer may suspect drunk or drugged driving but will not have probable cause to issue a chemical test. In this event, the officer may ask the driver to perform a roadside sobriety test. This involves a few dexterity exercises that the average person may find difficult when sober, so an intoxicated person will more than likely fail. A police officer may then use a failed sobriety test as probable cause to issue a chemical test, such as a breathalyzer. While there is no compulsion for drivers to take a roadside sobriety test, all Texas drivers must agree to chemical tests. When a driver receives a Texas driver’s license there is an implied consent to submit to a chemical test should a police officer require one.

Refusal to submit to a chemical test will result in an automatic driver’s license suspension and the police officer will likely conduct an arrest. This refusal will also work against the driver in a subsequent DUI trial.

The penalties for a drugged driving charge mirror those for drunken driving charges. These penalties increase with consecutive offenses, so a first-time offender will receive a lighter sentence than a second or third-time offender will.  Penalties also increase depending on the level of intoxication assessed at the time of arrest. For example, the legal limit for blood-alcohol-concentration (BAC) is .08% for all drivers over the age of 21. For minors, there is a zero-tolerance policy for DUI in Texas, so any detectable amount will result in a DUI charge. A driver with a BAC of .15% or higher will incur substantially harsher penalties for the extreme nature of the offense.

A first-time DUI offense in Texas will result in up to $2,000 in fines or up to $4,000 for drivers with a BAC of .15% or more. A first-time DUI may also result in jail time for three days to six months, but the maximum increases to one year for a BAC of .15% or more. A first-time DUI offender should expect driver’s license suspension for 90 days to one year as well. A second offense will result in 30 days to one year in prison, license suspension for 180 days to two years, and up to $4,000 in fines, and a third offense will lead to two to ten years in prison, license suspension for 180 days to two years, and fines up to $10,000.

It’s never worth risking a drugged driving charge in Texas. Unlike other states that allow a “washout” period for prior convictions, there is no such law in Texas. If you have questions about Texas’ drugged driving and DUI laws or have recently received a DUI charge, contact a reliable defense attorney as soon as possible to discuss your legal options.

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