Drugged Driving Laws in Texas

Not only is it against the law in Texas to operate a motor vehicle while intoxicated by alcohol, but it is also illegal to drive under the influence of an illegal drug or prescription medication. Although the legal limit is a blood alcohol content (BAC) level of .08, you can get charged with a drugged DWI if law enforcement officials determine that the normal use of your mental or physical faculties is hindered due to using drugs.

Common drugs associated with drugged DWIs in Texas include:

  • Cannabis
  • Cocaine
  • Methamphetamine
  • Heroin
  • Opiates
  • Over-the-counter cold and sleep medications

Furthermore, the state implied consent laws still apply to drugged DWI. If a suspected drugged driver refuses to submit to a blood or urine test upon an officer’s request, he/she is subject to driver’s license suspension and the refusal can be used against him/her in court.

The penalties for drugged driving are similar to alcohol-related DWI. That means a first-time drugged DWI is considered a Class B misdemeanor, which carries a maximum 180-day jail term, a fine not exceeding $2,000, and driver’s license suspension for up to one year.

A second drugged driving offense is a Class A misdemeanor, which results in a jail sentence of up to one year, a maximum $4,000 fine, and driver’s license suspension for up to one year. A third offense is a third-degree felony, punishable by a prison sentence of up to 10 years, a maximum $10,000 fine, and driver’s license suspension for up to two years.

If you have been charged with drugged driving in Fort Worth, our legal team at The Clark Law Firm ready to protect your rights, reputation, and future. We understand the drugged driving cases are more arbitrary compared to alcohol-related DWIs since the presence of drugs in a person’s system doesn’t necessarily mean a driver is impaired.

For more information about our legal services, contact us today and schedule a complimentary consultation.


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