I am being charged with a dwi for weed, shouldnt it be a Dui, being how i wasnt intoxacted, i passed the field sobriety test an i still have my licence.
2 Answers from Attorneys
In Texas, it is still a DWI regardless of the substance that impairs you. If could be alcohol, illegal drugs or even prescription drugs. The test is not intoxication, but rather impairment.
The Texas law regarding the "intoxicated" part of DWI defines it as "not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body." So that includes, alcohol, coke, weed, prozac, and aspirin, I guess.
In Texas, DUI is a crime reserved for people under 21 who have any amount of alcohol in their system while driving.
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