https://traviscountycriminalattorney.com/2025/07/11/driving-under-influence-of-drugs-texas/
Driving Under Influence Of Drugs Texas. When we think of impaired driving, alcohol often comes to mind first. However, driving under the influence of drugs (DUID) is an equally dangerous and increasingly common issue on Texas roads. It includes not only illegal substances but also prescription medications and over-the-counter drugs. Any substance that impairs a driver’s mental or physical abilities can result in a Driving While Intoxicated (DWI) charge in Texas. Understanding the laws, the statistics, and the specific drugs that impair driving is essential for public safety and for anyone navigating the legal system in Texas.
DWI vs. DUID: The Texas Legal Framework In Texas, the law doesn’t differentiate between driving under the influence of alcohol and driving under the influence of drugs when it comes to the charge of Driving While Intoxicated (DWI). Texas Penal Code Section 49.04 states that a person commits a DWI offense if they are “intoxicated while operating a motor vehicle in a public place.”
The definition of “intoxicated” is key:
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; OR
Having an alcohol concentration of 0.08 or more.
This means that if a drug (or combination of drugs and/or alcohol) impairs your ability to safely operate a vehicle, you can be charged with DWI, regardless of whether there’s a specific “legal limit” for that drug in your system, unlike the 0.08% BAC for alcohol.
Key Differences from Alcohol-Related DWIs:
No Per Se Limit: Unlike alcohol, there is no specific numerical threshold for drug intoxication. Proving DUID relies heavily on observable impairment, failed field sobriety tests (FSTs), and sometimes, the testimony of a Drug Recognition Expert (DRE).
Presence vs. Impairment: Simply having drugs in your system (e.g., detected by a blood or urine test) is not enough to secure a DUID conviction. The prosecution must prove that the drug impaired your normal mental or physical faculties while driving. This can make DUID cases more complex for prosecutors.
Legality of the Drug is Irrelevant: You can be charged with DWI even if the drug was legally obtained, prescribed by a doctor, or an over-the-counter medication, if it impairs your driving ability. The fact that you have a prescription is not an affirmative defense.
Penalties for DUID in Texas:
The penalties for a drug-related DWI in Texas are generally comparable to those for alcohol-related DWIs and can be severe:
First Offense (Class B Misdemeanor): Up to a $2,000 fine, 72 hours to 180 days in jail, and a driver’s license suspension of 90 days to one year. A state fine/surcharge of $3,000 to $6,000 over three years is also assessed upon sentencing.
Second Offense (Class A Misdemeanor): Up to a $4,000 fine, one month to one year in jail, and a driver’s license suspension of 180 days to two years. State surcharges can be $1,500 to $2,000 per year for three years.
Third Offense (Third Degree Felony): Up to a $10,000 fine, two to ten years in prison, and a driver’s license suspension of 180 days to two years. State surcharges apply.
Enhanced Penalties: Additional penalties apply if there was a child passenger (under 15), serious bodily injury (Intoxication Assault), or death (Intoxication Manslaughter).
Driving Under Influence of Drugs Texas Statistics While alcohol-impaired driving often receives more attention, drug-impaired driving is a significant and growing concern.
Overall Impaired Driving Fatalities: In the decade from 2014 to 2023, more than 37% of traffic fatalities in Texas involved drivers impaired by alcohol or drugs. This highlights the combined danger.
Increase in Drug Presence: Studies, like a 2014 National Roadside Study, have shown an increase in the number of drivers testing positive for drugs. For instance, the prevalence of weekend nighttime drivers testing positive for marijuana increased by 48% between 2007 and 2014 (from 8.6% to 12.6%).
Fatal Crash Data: Research indicates that a significant percentage of drivers involved in fatal car accidents test positive for drugs. For example, a 2016 study showed that 43.6% of drivers killed in crashes had a positive drug test.
National Trends: The 2021 National Survey on Drug Use reported that 11.7 million people in the U.S. drove while under the influence of an illicit drug (including marijuana), just shy of the 13.5 million who drove under the influence of alcohol. This underscores the scale of the problem nationally, which mirrors trends in Texas.
Marijuana’s Role: With evolving laws and perceptions surrounding marijuana, its use by drivers is a growing concern. Studies consistently show that marijuana impairs motor skills, lane tracking, and cognitive functions necessary for safe driving.
Combined Impairment: Using multiple drugs, or a combination of drugs and alcohol, can significantly amplify the impairing effects, leading to even more dangerous driving.
These statistics underscore that impaired driving, whether by alcohol or drugs, remains a critical public safety issue in Texas.
What Drugs are Known to Impair Driving? Any substance that alters a person’s mental or physical state can impair their ability to drive safely. This includes:
Illegal Drugs:
Marijuana (Cannabis): Impairs judgment, motor coordination, reaction time, and the ability to track objects and maintain lane position. It can also cause drowsiness.
Cocaine & Methamphetamines (Stimulants): Can lead to aggressive, reckless, or erratic driving, increased risk-taking, and impaired judgment. After the initial stimulant effect wears off, a “crash” can cause extreme fatigue and drowsiness.
Opioids (e.g., Heroin, Fentanyl, Oxycodone): Cause drowsiness, dizziness, impaired coordination, slowed reaction time, and reduced awareness.
Hallucinogens (e.g., LSD, Psilocybin): Severely distort perception, judgment, and sensory input, making driving extremely dangerous.
Prescription Medications:
Opioid Painkillers: (e.g., Vicodin, OxyContin, Percocet) – Similar effects to illegal opioids.
Benzodiazepines (Anti-anxiety drugs, muscle relaxants): (e.g., Xanax, Valium, Klonopin, Ativan, Soma) – Can cause drowsiness, dizziness, impaired coordination, and slowed reaction time. These are central nervous system depressants.
Sleep Medications (Hypnotics): (e.g., Ambien, Lunesta) – Designed to induce sleep, they can cause drowsiness, dizziness, impaired coordination, and a “hangover” effect even hours after waking.
Antidepressants: Some older antidepressants (tricyclics) can cause drowsiness or dizziness.
Antiepileptic/Anti-seizure Medications: Can cause drowsiness, dizziness, and coordination issues.
Over-the-Counter (OTC) Medications:
Antihistamines (especially sedating ones): Found in many allergy and cold medicines (e.g., Benadryl) can cause significant drowsiness, dizziness, and impaired judgment.
Cough Syrups with Codeine: Contain opioids and can cause drowsiness.
Cold & Flu Medicines: Can contain combinations of sedating and stimulating ingredients.
Melatonin: While natural, can induce drowsiness.
Crucial Advice: Always read warning labels on prescription and OTC medications. If a label warns against “operating heavy machinery,” this includes driving a vehicle. Consult your doctor or pharmacist about how any medication might affect your ability to drive safely.
Driving under the influence of any impairing substance is a serious offense in Texas, carrying significant legal and personal consequences. The absence of a specific legal limit for drugs does not make DUID any less illegal or dangerous than a DWI. Awareness of the risks and responsible decision-making are paramount to ensuring the safety of everyone on Texas roadways.
In Austin, Texas, Erskine Law, also known as Law Maverick, is led by Board Certified Criminal Law Specialist Brian Erskine, offering a robust defense for individuals facing a wide array of criminal accusations. With extensive trial experience, including over 70 jury trials spanning serious charges like murder, trafficking, sexual assault, DWI, drug possession, and white-collar crimes, the firm provides comprehensive legal support from petty misdemeanors to major felonies. Beyond traditional criminal defense, Law Maverick also assists clients with personal injury cases and employment disputes, demonstrating a commitment to fighting for clients’ rights with a tenacious, “never-quit” approach.