Is Drug DWI Treated Differently From Alcohol DWI in Texas?

 Posted on June 22, 2025 in Criminal Defense

Usually, the term "driving while intoxicated" is associated with alcohol. However, it can also apply to dangerous controlled substances that can impair your faculties. If you are accused of driving while intoxicated by drugs, you could face serious penalties in a court of law. With the help of a Texas criminal defense lawyer, you can fight a drug DWI charge.

If you have been arrested on DWI charges, you should get in contact with a qualified legal professional at the earliest opportunity. At Magaña & Van Dyke, we have experience handling difficult, high-stakes cases, including charges of DWI.

What Is the Legal Definition of Driving While Intoxicated in Texas?

According to the Texas Penal Code, you can be considered legally intoxicated if you do not have "the normal use of [your] mental or physical faculties" due to some combination of alcohol, a controlled substance, or a drug in your system. DWI is simply defined as operating a motor vehicle while intoxicated in a public place.

The punishments for DWI vary depending on the severity of the act. By itself, DWI is charged as a Class B misdemeanor, carrying a sentence of up to 180 days in jail. However, the statute for DWI specifically mentions that a conviction carries a minimum of 72 hours behind bars. You can also face enhanced penalties under certain circumstances, such as if there was a child passenger in the vehicle.

Is Evidence Different in Drug DWI Cases?

In a "standard" alcohol DWI case, police use a metric called blood alcohol concentration (BAC) to determine if a driver is drunk or not. At a BAC of .08 percent or higher, you can be considered legally intoxicated.

In drug DWI cases, there is no real equivalent to BAC. Chemical testing can reveal the presence of a controlled substance in your body, but drugs can linger in your system for days or even weeks. As such, the prosecution may have a more difficult time proving that you were intoxicated at the time you were pulled over. Instead, the prosecution might focus on your behavior at the time of your arrest.

Can I Be Charged With a Crime for Driving While Intoxicated by a Prescription Drug?

Some prescription medications – like medical cannabis products – can impair your normal faculties. Though you may have a legal right to possess or use these medications, it is not a defense against DWI charges in Texas. This is stated clearly in the Texas Penal Code, which provides that you can still be prosecuted even if you are "entitled to use" a controlled substance or drug.

If you have been charged with DWI resulting from a prescribed drug, you should seek out an attorney as soon as possible. At Magaña & Van Dyke, we can employ different legal strategies, such as challenging the legality of the traffic stop.

Contact a Cooke County, TX Drug DWI Defense Lawyer

Though there may be a different investigative process in a drug DWI case, the penalties are no less severe. Our Denton County, TX intoxicated driving defense attorney can represent you in court and aggressively protect your rights. Call our offices at 940-382-1976 to arrange a free consultation today.