You Can be Charged with DWI in Texas Even if You Don’t Drink Alcohol

Most people associate a DWI charge with drinking alcohol. However, in Texas, this is only partially true.

Under state law, a person is driving while intoxicated (DWI) when they are do not have the ordinary use of their mental or physical faculties because of consumption of alcohol, drugs, or a combination of those substances, or by exhibiting a .08 BAC (blood or breath alcohol concentration). In other words, even if a driver’s blood alcohol concentration (BAC) does not exceed the legal limit, they may be considered legally intoxicated if their mental or physical capabilities are impaired due to alcohol or drugs.

Most illegal drugs (as well as some prescription drugs and over-the-counter medications or substances ) can severely affect a driver’s ability to think rationally, see clearly, and perform the actions necessary to safely operate a motor vehicle. Because of this, individuals who are under the influence of drugs and various medications can be convicted of DWI. Here are some examples:

• Drugs like methamphetamine and cocaine can cause a driver to be more reckless or aggressive
• Marijuana, the drug most often found in drivers who have been involved in an accident, can result in slow reactions times, decreased coordination, and impaired judgment.
• One federal study found that drivers with blood concentrations of 13.1 µg/L THC – the main psychotropic substance found in marijuana – exhibited increased weaving within traffic lanes. Their impairment was similar to those with 0.08 breath alcohol, the threshold for impaired driving in many states, including Texas.
• Certain prescription medications, specifically opioids and benzodiazepines, cause dizziness, drowsiness, impaired thinking, and poor judgment.

Although prescription medications are sanctioned by a doctor or other medical professional, they may still be considered potentially dangerous drugs. Many contain warning labels that advise against driving while under the influence of the medication. Drivers often ignore these warnings and attempt to operate a motor vehicle anyway, which puts them at risk for being arrested for DWI.

How is DWI determined in Texas?

When a driver obtains a license in Texas, they automatically agree to submit to chemical testing for DWI. If an officer suspects a driver of DWI, they are allowed to pull the driver over to check them for impairment. Texas law enforcement officers determine driver impairment through field sobriety tests and a chemical test that calculates BAC in breath samples.

Field sobriety tests usually involve getting a driver to perform several tasks that evaluate impairment of their physical or cognitive ability to drive. These tasks typically include requiring the driver to walk a straight line or say the alphabet backwards. Officers also perform “horizontal gaze nystagmus” (eye and penlight) tests to detect the involuntary jerking of the eyeballs common in impaired individuals. Although drivers don’t usually face penalties for refusing field sobriety tests, they could still be subject to chemical testing.

Chemical testing, including blood, breath, or urine tests, are used to measure the blood alcohol content of the driver. These tests are used to provide the officer with the probable cause they need to arrest the driver for DWI. If a driver tests 0.08 or more, they could be charged with DWI. While the driver cannot choose which test the officer uses, they are allowed to choose the medical provider.

Drivers who have not been arrested may refuse portable breath tests used in preliminary alcohol screening and blood or urine tests. However, some circumstances, such as accidents involving other drivers and bodily injury, could make chemical tests enforceable at the scene. Under Texas law, post-arrest drivers who refuse to submit to chemical testing face stiff penalties, including an automatic 180-day license suspension.

The penalties for DWI in Central Texas

Whether a person is a first-time offender or has a previous DWI conviction, the consequences of a DWI conviction are severe, and can make keeping your job, retaining custody of your children, owning a gun, exercising your right to vote, maintaining a professional license, and finding suitable housing more difficult.

First offense

• Up to a $2,000 fine
• Up to 180 days in jail upon conviction, three days mandatory days
• Driver’s license suspension for up to a year
• DWI license reinstatement surcharge of $2,000 per year for three years, plus required fees and costs

Second offense

• Up to a $4,000 fine
• One month up to one year in jail
• Driver’s license suspension for up to two years
• DWI license reinstatement surcharge of $2,000 per year for three years, plus required fees and costs

Third offense

• Fine of $10,000
• Two to 10 years in prison.
• Driver’s license suspension for up to two years
• DWI license reinstatement surcharge of $2,000 per year for three years, plus required fees and costs

Fourth offense

• A felony offense that carries a maximum fine of $20,000
• Up to 10 years in prison
• Driver’s license suspension for up to two years
• DWI license reinstatement surcharge of $2,000 per year for three years, plus required fees and costs

Drunk driving with a child passenger

• An individual driving drunk accompanied by children under the age of 15 will be:
• Charged with child endangerment
• Fined up to an additional $10,000
• Sentenced to jail for up to two years
• Suspended from driving for an additional 180 days

Driving with an open container

In Texas, it is illegal for a driver to carry an open container of alcohol in their vehicle, even if they’re not drunk.

Are you facing DWI charges in Killeen, Copperas Cove, or anywhere in Central Texas? If so, you need an attorney who understands the implications that drugs, as well as alcohol, can have on impaired driving. Mary Beth Harrell Criminal Defense and DWI Lawyers has been defending Texans charged with DWI for decades – we work hard to protect the rights of our clients. Contact us by filling out our contact form or call 254-680-4655– to set up an initial case evaluation at our Killeen or Copperas Cove office. We also offer in-custody visits for clients who cannot come to us. Proudly serving Central Texas, including Coryell and Bell Counties, Temple, and Belmont. Call today.