Can I Lose My License for a Marijuana DUI Charge in Texas? 2025

Driving under the influence (DUI) in Texas includes alcohol and all forms of drugs. If you consume an intoxicating or mind-altering agent that impairs your ability to drive safely, you could be stopped, arrested, and charged with a DUI. While certain levels of THC are legal in Texas, marijuana is included as a DUI drug. Therefore, if you are charged with a marijuana DUI, you may be wondering: Can I lose my license for a marijuana DUI charge in Texas?

You may not think marijuana can impair your driving the way that alcohol does. However, Texas law does not differentiate between the two when it comes to DUI arrests. Therefore, it may be time to consult with a lawyer if you are charged, as they can handle both the DUI offense and the marijuana possession offense. The Law Office of Joseph Ruiz, PLLC, is a stellar example of a law firm that handles marijuana DUI charges with professionalism, skill, and experience.

Texas DUI Law Overview

In Texas, driving under the influence means driving with a blood alcohol concentration (BAC) of 0.08 or above, or it means driving under the influence of drugs, including some prescription medication. While a breathalyzer can detect your BAC, an officer who suspects you of DUI may administer a blood or chemical test to determine if you have drugs in your system. The penalties for a DUI may include jail time, fines, license suspension, and ignition interlock installation.

Specifically, the DUI penalty schedule is as follows:

• Serving 3–180 days for your first offense, which may include paying up to $2,000 in fines and a license suspension for up to a year
• Serving 1 month to a year for your second offense, which may include paying up to $4,000 in fines and a license suspension for up to two years
• Serving 2–10 years for your third and subsequent offense, which may include paying up to $10,000 in fines and a license suspension for up to two years

Texas Marijuana Laws

A Texas Arrest Data Report from the Department of Public Safety reports that there were 67,196 marijuana possession arrests in 2014. This was out of 139,471 total drug-related arrests. While medical marijuana is legal in Texas for certain individuals under the Texas Compassionate Use Program, it is overall still illegal.

The laws for DUI are the same whether you are suspected of driving impaired by alcohol or marijuana. However, you could face separate marijuana charges depending on your circumstances. Marijuana is a Schedule I drug according to Texas and Federal law, and specific marijuana or cannabis possession charges are pursuant to Penal Code 481, which could be a Class B misdemeanor to a first-degree felony.

Can I Lose My License?

If you are arrested for a marijuana DUI, you may wonder if you could lose your license. The short answer is yes. As with any DUI arrest, you can lose your license for one to two years, depending on the nature of the crime, or you could even have it revoked. There are several factors that contribute to the duration of your license suspension, and they include:

• Your BAC level. If it is substantially higher than 0.08, it could be suspended for a longer time.
• Refusing a chemical test. You could lose your license for 180 days if you refuse a BAC test and neglect to attend a hearing within 15 days of your arrest.
• Number of offenses. Your license suspension duration increases with subsequent offenses. For your first offense, you may have your license suspended for 90 days to 1 year. For subsequent offenses, your license may be taken for up to 2 years.
• Court discretion. A DUI is a criminal defense, and therefore, a criminal court can determine the length of your license suspension.

FAQs

How Long Will You Lose Your License for any Drug Conviction in Texas?

For any drug conviction in Texas, you can lose your license for 90 days. This is a standard procedure that may also include enrolling in a drug education program, paying a reinstatement fee, and being required to obtain an SR-22, which is a financial responsibility certificate from your insurance company.

Do You Lose Your License in Texas for a DUI?

Yes, you can have your license suspended in Texas for a DUI. The suspension is typically done automatically as a guideline under the Administrative License Revocation Program. You have 15 days to request a hearing to get your license reinstated; however, if you do not attend or request the hearing, your license will be suspended 40 days after the arrest. You may lose your license for 90 days to a year or longer, depending on your situation.

What Amount of Marijuana Is Considered a Felony in Texas?

The amount of marijuana that is considered a felony in Texas is 4oz to 5 lbs. This amount constitutes a state jail felony, which is punishable by 180 days to 2 years. Other marijuana felony charges include a third-degree felony for 5–50 lbs., a second-degree felony for 50–2,000 lbs., and a first-degree felony for 2,000 lbs. or more.

Can You Lose Your License for Drug Paraphernalia in Texas?

Yes, you can lose your license for drug paraphernalia in Texas. The same 90-day license suspension duration applies to all drug offenses, regardless of the type and intent. Drug paraphernalia charges can be a Class C or A misdemeanor, depending on the intent. Possession is typically a Class C misdemeanor, while delivery is a Class A misdemeanor. Repeat offenses may be increased to a state jail felony.

Let Us Help You Reinstate Your License

Texas is a state that is highly dependent upon private transportation, which means most people need a driver’s license. You need your license to drive to work, school, and to return home. Therefore, having it suspended can be burdensome. At the Law Office of Joseph Ruiz, PLLC, we are committed to helping you get your license reinstated, no matter the offense. Contact us for a consultation and learn how we can advocate for your rights and freedom.