No Legal Limit for Drugged Driving in Texas
The recreational use of marijuana is a violation of Texas law. In addition, the state of Texas is legally authorized to charge drivers with being intoxicated by marijuana. Driving in Texas while intoxicated (DWI) by marijuana is a crime and is punishable under Texas statutes along with DWI involving alcohol.
If you are facing any type of DWI charges, contact a Denton DWI defense attorney right away.
No Legal Limits Associated With Drugged Driving
Chapter 49 of the Texas Penal Code contains the statutes regulating drugged driving. These statutes make driving while intoxicated in Texas a criminal offense.
A driver in Texas may be arrested and booked into jail if his or her blood alcohol concentration is .08 or higher. No comparable limit applies to drugged driving in the state of Texas, and there is no set limit to allow officers to measure quantitatively whether a driver has used too much marijuana. Instead, someone violates the law when they do not have the normal use of mental or physical faculties due to taking drugs.
Police officers in Texas must use their discretion to decide if specific drivers are too intoxicated by drugs to drive. Often, any driver who tests positive for drugs in their system might get arrested, and it is important to defend against such drugged driving charges.
No definite level of drugs in someone’s bloodstream or other bodily fluids will cause a person to face a drugged driving charge in Texas. Prosecutors have discretion when deciding whether to charge defendants with drugged driving offenses, and they give significant weight to the testimony of arresting officers regarding signs of intoxication.
Breathalyzers Do Not Detect Marijuana
Officers often administer breathalyzer tests to those drivers who are suspected of driving under the influence of alcohol. Companies are working on developing “weed breathalyzers” that determine the amount of THC that is present in an individual’s body, but there are many questions and problems presented by such devices. They are not close to being used in criminal cases to prove drug intoxication.
Many police departments in Texas use blood tests to determine whether a particular driver was operating a motor vehicle while under the influence of drugs. However, you might have marijuana in your system from past use, and the detection of marijuana does not mean you were intoxicated at the time of the arrest. These are all complex issues that can arise in drugged driving cases due to no legal limit existing.
Seek the Right Texas Criminal Defense Representation
The drugged driving laws in Texas can confuse many people, and having an attorney to interpret these laws and identify legal defenses can prevent individuals from being wrongfully convicted. Facing a driving while intoxicated charge doesn’t mean an individual has to forfeit his or her driving privileges.