Driving under the influence is a serious offense in Texas—whether the substance involved is alcohol, marijuana, or another impairing drug. However, a growing debate questions whether DUI penalties for marijuana should be equal to those for alcohol. Both substances can impair a driver’s ability, but they affect the body differently, and current laws do not always reflect those differences clearly.
In this blog, we explore how Texas handles DUI charges involving marijuana and alcohol, the penalties involved, and the argument for or against treating them the same.
Texas DUI Laws: Alcohol vs. Marijuana
Alcohol-Related DUI
In Texas, you’re considered legally intoxicated if your blood alcohol concentration (BAC) is 0.08% or higher. This limit is enforceable through breath, blood, or urine testing. Alcohol DUI laws are well-established, with decades of scientific research and field testing behind them.
Marijuana-Related DUI
Texas does not currently have a specific THC limit like some states (e.g., Colorado). Instead, a person can be charged with Driving While Intoxicated (DWI) if marijuana—or any drug—impairs their ability to safely operate a vehicle. This can make marijuana DUI charges more subjective, relying heavily on field sobriety tests, officer observations, and blood tests that may detect THC long after impairment has faded.
Are the Penalties the Same?
Yes. In Texas, the penalties for DUI involving marijuana are generally the same as those for alcohol. Even though proving marijuana impairment is often more complex, the consequences do not differ based on the substance involved.
First-Time Offense (Alcohol or Marijuana):
- Up to $2,000 in fines
- 3 to 180 days in jail
- License suspension for up to a year
- Possible DWI education class
- Annual surcharge fee to retain driver’s license
Subsequent Offenses come with increased fines, longer jail time, and extended license suspension. Aggravating factors (such as having a child in the car, causing an accident, or refusing a blood test) can escalate charges to a felony.
Challenges in Marijuana DUI Cases
Unlike alcohol, where impairment can often be quickly confirmed with a breathalyzer, marijuana presents unique legal challenges:
- No Clear Legal Limit: THC levels don’t correlate neatly with impairment.
- Long Detection Window: THC can remain in the system for days or even weeks, long after any effects have worn off.
- Field Sobriety Limitations: Standard tests (e.g., walking in a straight line) are designed for alcohol impairment and may not accurately reflect marijuana use.
- Officer Subjectivity: Much of a marijuana DUI charge may hinge on an officer’s observations, which can be subjective and open to challenge.
Should the Penalties Be Equal?
This question is hotly debated. Here are some of the arguments on both sides:
✅ Arguments for Equal Penalties:
- Public Safety First: Impaired driving—no matter the substance—puts lives at risk.
- Consistency in Enforcement: Applying the same penalties simplifies the legal process and reinforces the zero-tolerance stance.
- Deterrence: Harsh penalties may discourage all forms of impaired driving.
❌ Arguments Against Equal Penalties:
- Lack of Scientific Consensus: Unlike alcohol, there’s no widely accepted way to measure marijuana impairment.
- Detection Challenges: A driver may test positive for THC without being impaired, risking unfair punishment.
- Changing Laws: As marijuana laws evolve, especially with medical and recreational legalization in other states, uniform penalties may not fit every context.
What This Means for You
Whether you’re charged with a DUI involving alcohol or marijuana, the consequences are serious and can impact your:
- Driving privileges
- Criminal record
- Employment opportunities
- Insurance rates
- Personal reputation
It’s crucial to consult an experienced criminal defense attorney who understands the nuances of DUI penalties in Texas and can build a strong defense—especially if your case involves subjective evidence or questionable testing methods.
Get Legal Help After a DUI Arrest
At the Law Offices of Bill J. Stovall, we fight aggressively for clients facing DUI charges involving both alcohol and drugs. We understand the legal and scientific complexity of marijuana DUI cases and work to protect your rights and your future.
📞 Contact us today for a free consultation and learn how we can help you challenge the charges and explore your defense options.
