What is the difference between a drug DUI and an alcohol DUI?

A DUI, or Driving Under the Influence, is the act of operating a motor vehicle while impaired by drugs or alcohol. In Texas, it is illegal to operate a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08 or higher. However, drug DUIs, or DUIs involving substances other than alcohol, are treated differently. The difference between an alcohol DUI and a drug DUI is that an alcohol DUI is prosecuted under the Texas Alcoholic Beverage Code, while a drug DUI is prosecuted under the Texas Controlled Substances Act. For an alcohol DUI, the only evidence necessary is the alcohol test, usually a breathalyzer, that shows that the driver has a BAC of 0.08 or higher. For a drug DUI, the evidence necessary to prove the driver is impaired is more complex. This evidence includes proof that the driver was actually impaired due to the substance in their system, rather than just having the substance in their system. In either case, a drug DUI or an alcohol DUI can result in serious consequences. This may include suspension or revocation of a driver’s license, fines, and even jail time. It is important to remember that if you are ever pulled over for suspicion of driving while impaired, by either drugs or alcohol, you should contact an attorney immediately.

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