Question: What is drug driving in Texas?
Answer: Drug driving, like the regular DWI alcohol driving, deals with whether a person is impaired, mentally or physically, because of the use of a drug. The drug doesn’t have to be an illegal drug; it can be a prescribed medication. Today, so many people are prescribed all types of mood-altering or anti-anxiety medication that, mixed with just a little bit of alcohol, can have some adverse effects.
Whether the drug is legal or illegal very often is irrelevant as to whether a person is impaired or not. So, any time there is a drug alcohol case, it just adds a layer of complexity that we have to deal with to show how that drug complicates the case or affects the case. Also, with drug driving there’s no limit, no per se limit like 0.08% for alcohol. And so, just because a person has drugs that show up in their blood system, it doesn’t mean that they’re necessarily impaired because of that drug. A lot of those types of cases deals with how they look on the video, how they sound on the video; and then also looking at the levels, if they come back positive on a blood test.