Drunk Driving Vs. Drugged Driving
Operating a vehicle while under the influence of alcohol has long been recognized as a serious offense in Texas, with well-established laws and enforcement practices in place. While this remains true, law enforcement and the courts face new challenges in addressing drugged driving as marijuana use has become more common.
The legal consequences and defense strategies for alcohol-related chargers versus marijuana-related offenses differ. To learn more, talk to a seasoned Houston DWI lawyer,
Legal Consequences and Proving Impairment
In Texas, the legal blood alcohol concentration (BAC) limit is 0.08%. If a driver is found to have a BAC at or above this level, they can be charged with Driving While Intoxicated (DWI). The law is clear-cut. The presence of alcohol above the legal limit results in fines, license suspension, and even jail time for repeat offenders.
When it comes to marijuana, the situation can be more complex. Texas law does not specify a legal limit for THC, the psychoactive compound in marijuana. Instead, a driver can be charged with Driving Under the Influence (DUI) if an officer believes that they are impaired by marijuana. This subjective assessment is often based on observations such as erratic driving, the smell of marijuana, or physical signs such as bloodshot eyes.
But with a lack of a clear legal threshold for THC, proving marijuana-related DUIs can be difficult. Unlike alcohol, where BAC can be accurately measured with a breathalyzer or blood test, THC levels do not directly correlate with impairment. THC can remain in a person’s system for days or even weeks after use, long after any intoxicating effects have worn off. This means that a driver could test positive for THC even if they were not impaired at the time of driving.
Current testing methods for marijuana impairment, such as blood or urine tests, cannot reliably determine when the marijuana was consumed or how impaired the driver was at the time of the incident. This creates significant challenges for law enforcement and prosecutors, who must rely on circumstantial evidence and the testimony of arresting officers to build a case.
Discuss Defense Strategies with a Professional
Defense strategies for alcohol-related charges often focus on challenging the accuracy of BAC tests, questioning the procedures followed during the arrest, or arguing that the driver was not impaired despite a high BAC.
For marijuana-related charges, the defense could revolve around challenging the officer’s observations and the validity of the chemical tests used to detect THC. Because the presence of THC does not necessarily indicate impairment, an experienced Houston DWI lawyer may argue that the driver was not under the influence at the time of the arrest, highlighting the lack of a reliable standard for measuring marijuana impairment.
Has a conversation about the differences between drunk driving and drugged driving complicated your case? Understanding these differences is essential for anyone facing charges. The skilled attorneys at Ayson Law Firm can provide you with legal support as you move through the justice system. Contact us today for a confidential consultation.
