Third offense
Impairment-based statute only
No cannabis-specific drugged driving law
Enhanced penalties
0.15
Lifetime
In compliance with Federal requirements
Good Samaritan law enacted
Administrative penalties
No 24/7 legislation
ALS/ALR law enacted
Prohibited
No Habitual Offender Law
251-350 DREs
16-20 DUI Courts
11-20 Hybrid Courts
No cannabis open container law
Non-psychoactive Medical Cannabis (i.e., Cannabidiol - CBD)
Blood
No affirmative defense
No Data Available
Authorized to use e-warrants
No Data Available
No legislation introduced
No low BAC provisions
none
Mandatory all offender
Legislation
Stimulants
Judicial license suspension/revocation
Distinctive License & No Seizure Law
Utilizes No Refusal program
Oral fluid testing authorized
724.011(a)- Learn More
If a person is arrested for an offense arising out of acts alleged to have been committed while the person was operating a motor vehicle in a public place the person is deemed to have consented to submit to the taking of one or more specimens of the person's breath or blood for analysis to determine the alcohol concentration or the presence in the person's body of a controlled substance, drug, dangerous drug, or other substance.
Yes
No
No
Yes
Breath
49.04 - Learn More
A person commits a DUI if the person is intoxicated while operating a motor vehicle in a public place.
No Data Available
724.015 - Learn More
(1) if the person refuses to submit to the taking of the specimen, that refusal may be admissible in a subsequent prosecution;
(2) if the person refuses to submit to the taking of the specimen, the person's license to operate a motor vehicle will be automatically suspended, whether or not the person is subsequently prosecuted as a result of the arrest, for not less than 180 days;
(3) if the person refuses to submit to the taking of a specimen, the officer may apply for a warrant authorizing a specimen to be taken from the person;
Yes
Yes
Yes
Up to one year for first offense and up to two years for second, third, and subsequent offenses depending on judge’s ruling.
Yes
49.09 - Learn More
For a first or subsequent offense: The court may order the offender to install ignition interlock devices on all of the motor vehicles he owns for the period of license suspension. The offender can choose a hard suspension with no interlock.
No Data Available
Texas has a Zero Tolerance Law for minors and alcohol and drugs; this means drivers younger than 21 years of age are prohibited from operating motor vehicles with any amount of alcohol or drugs in their systems.
None
NA
NA
No Data Available
No Data Available
No Data Available
49.04 - Learn More
First offense Class B Misdemeanor: Fine of up to $2,000 and jail for 72 hours up to 180 days and community service for 24 hours up to 100 hours and license suspension of up to two years. Surcharge of $1,000 or $2,000 per year for three years. to keep license. Possible education program and possible interlock device.
Second offense Class A Misdemeanor: Fine of up to $4,000 and jail for one month up to 365 days and community service for 80 hours up to 200 hours. License suspension for 180 days to two years. Surcharge of $1,500 or $2,000 per year for three years. to keep license. Possible education program and possible interlock device.
Third and subsequent offense Third Degree Felony: Fine of up to $10,000 and jail for two to ten years and community service for 160 hours up to 600 hours. License suspension for 180 days to two years. Surcharge of $1,500 or $2,000 per year for three years. to keep license. Possible education program and possible interlock device.
Yes
Yes
First offense Class B Misdemeanor: Fine of up to $2,000 and jail for 72 hours up to 180 days and community service for 24 hours up to 100 hours and license suspension of up to two years. Surcharge of $1,000 or $2,000 per year for three years to keep license. Possible education program and possible interlock device.
Second offense Class A Misdemeanor: Fine of up to $4,000 and jail for one month up to 365 days and community service for 80 hours up to 200 hours. License suspension for 180 days to two years. Surcharge of $1,500 or $2,000 per year for three years to keep license. Possible education program and possible interlock device.
Third and subsequent offense Third Degree Felony: Fine of up to $10,000 and prison time for two to ten years and community service for 160 hours up to 600 hours. License suspension for 180 days to two years. Surcharge of $1,500 or $2,000 per year for three years to keep license. Possible education program and possible interlock device.
49.045 - Learn More
• DUI while vehicle is occupied by a passenger who is younger than 15 years of age is a felony. fined up to $10,000, put in jail for up to two years, lose driver's license for another 180 days.
Sec. 481.062.
Tetrahydrocannabinols are referenced here.
Any drug that impairs the senses could lead to a DUI. This could include cough medicine, prescription drugs, and marijuana. If a substance can intoxicate an individual and affect judgment or reaction times, it is against the law to use it and drive.
LEADRS (not mandatory) -grant-funded DUI/DWI e-warrant reporting system)
Many jurisdictions use their own. Electronic warrants are permissible, but not required, under state law. They are used with varying frequency depending on the county.
Grant-funded “No refusal” programs take blood samples on site. They are used with varying frequency depending on the county and the time of year (usually holiday periods due to increased drunk driving in those periods). The Texas Department of Public Safety Crime Laboratory Division offers statewide forensic testing services including blood alcohol and toxicology.
Oral fluid drug testing it not widely used in Texas. While it could potentially be used to establish probable cause to make an arrest, any test results are inadmissible in court (much like portable breath tests for alcohol).
Same as above
Same as above
Same as above
Non
Texas is a medical CBD state.
Illegal
Illegal
Illegal
Illegal
None. Texas is medical CBD-only state.
No Data Available
No Data Available
No Data Available
No Data Available
Sale to a minor is a felony with a mandatory minimum sentence of imprisonment for at least 2 years up to 20 years and a $10,000 fine.
No Data Available