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Texas

Felony DUI

Third offense

DUID Zero Tolerance and Per Se Laws

Impairment-based statute only

Cannabis Drug-Impaired Driving Laws

No cannabis-specific drugged driving law

DUI Child Endangerment Laws

Enhanced penalties

Enhanced Penalties for High-BAC

0.15

DUI Look-back Periods

Lifetime

Open Container - Alcohol

In compliance with Federal requirements

Good Samaritan

Good Samaritan law enacted

Test Refusal

Administrative penalties

24/7 Programs

No 24/7 legislation

Administrative License Suspension/Revocation

ALS/ALR law enacted

Sobriety Checkpoints

Prohibited

Habitual Offender Designation

No Habitual Offender Law

Drug Evaluation and Classification Program

351-500 DREs

DUI Courts - Standalone

16-20 DUI Courts

DUI Courts - Hybrid

11-20 Hybrid Courts

Open Container - Cannabis

No cannabis open container law

Cannabis Laws (2020)

Non-psychoactive Medical Cannabis (i.e., Cannabidiol - CBD)

DUID: Implied Consent Testing Methods

Blood

DUID Affirmative Defense

No affirmative defense

Anti-Plea Bargaining Statutes

No Data Available

eWarrant Case Study Sites

Authorized to use e-warrants

Preliminary Breath Test (PBT) Laws

No Data Available

2016 Enacted Impaired Driving and Underage Drinking Legislation

None

Lower BAC legislation

No legislation introduced

Low BAC

No low BAC provisions

CARS Implementation

none

2017 New Impaired Driving and Underage Drinking Laws

Alcohol-impaired Driving Legislation

Ignition Interlocks

Mandatory all offender

Electronic Warrants (E-warrants) Authorization

Legislation

Top Detected Drug Category by State (2019)

Narcotics

2019 Enacted Impaired Driving & Underage Drinking Legislation

Impaired Driving Legislation

2019 Legislative Activity

Active

False Identification - Sanctions

Judicial license suspension/revocation

False Identification - Point-of-Sale Policies

Distinctive License & No Seizure Law

No Refusal Programs

Utilizes No Refusal program

Oral Fluid Testing

Oral fluid testing authorized

Implied Consent Laws

Drugs

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.

Blood

Yes

Urine

No

Oral Fluids

No

Other

Yes
Breath

DUI Statutes

Drugs

49.04 - Learn More
A person commits a DUI if the person is intoxicated while operating a motor vehicle in a public place.

Combined/Multiple Substance

No Data Available

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

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;

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

Yes

Criminal Trial

Yes

ALR Laws

Cannabis

Yes

Length/Time of Restriction

Up to one year for first offense and up to two years for second, third, and subsequent offenses depending on judge’s ruling.

Hardship License Available

Yes

Random Drug Testing or Ignition Interlock Requirements

Cannabis

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.

Other Drugs

No Data Available

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs


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.

Cannabis Per Se Statute

None

Threshold

NA

Nanogram Limit

NA

DUI Standards

No Data Available

Provisions for Screening Cannabis/Assessment/Education/Treatment

No Data Available

Additional Penalties

No Data Available

Cannabis Impaired Driving Penalties

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.

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

Yes

Penalties for Multiple Substance/Multiple Substance Impaired Driving

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.

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

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.

Statutes with THC Listed as Delta 8, 9, 10, or 11

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.

Electronic Warrant Program

Statewide

LEADRS (not mandatory) -grant-funded DUI/DWI e-warrant reporting system)

By Locality

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.

Law Enforcement Phlebotomy Program

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

For Drug Detection

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).

Roadside - Not Evidential

Same as above

Evidential

Same as above

Roadside and Evidential

Same as above

Minimum Legal Age for Cannabis Consumption

Non
Texas is a medical CBD state.

Underage Cannabis Laws and Penalties

Underage Possession

Illegal

Underage Consumption

Illegal

Underage Purchase

Illegal

Underage Attempt to Purchase

Illegal

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

None. Texas is medical CBD-only state.

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

No Data Available

Social Host Laws

Cannabis

No Data Available

Drugs

No Data Available

Penalties for Retailers Who Knowingly Sell to People Under 21

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.

Other

No Data Available