Texas Drugged Driving Laws

Penal Code §49.09(g) §521.241 et seq. Code of Criminal Procedure 42.12

For a first or subsequent offense: The court must order 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.

When applying for an occupational license, the court may require a first offender and must require subsequent offenders within 10 years to only operate vehicles that are equipped with ignition interlock devices.

Unless the interests of justice indicate otherwise, a magistrate shall require an offender (Intoxicated Assault, Intoxicated Manslaughter or a subsequent DWI offense), after release from confinement, to only operate vehicles that are equipped with ignition interlock devices.

Exemption: Employer.

Implied Consent for Drugs: Yes

Special Circumstances:

A driver arrested for DUI must submit to a test where he/she was involved in an accident resulting in death or likely to result in death if:

1. The person is arrested for an offense involving the operation of a motor vehicle or watercraft while intoxicated;
2. The officer reasonably believes the accident occurred as a result of the offense;
3. The officer reasonably believes that a person has died or will dies a direct result of the accident; and
4. The person refuses to give a specimen voluntarily.

Marijuana use in vehicle

• Texas does not allow the recreational or medicinal use of marijuana

Reference: Drugged Driving: 2016 Summary of Key Provisions of State Laws

DUI Arrest Statistics and Texas Drunk Driving Statistics

* Sources: State Justice Department, Federal Highway Administration