Facts & Stats
In 2018, Texas led the nation in traffic fatalities with 3,642 (National Highway Traffic Safety Administration (NHTSA), 2019). Alarmingly, 40% of these deaths involved a driver with a blood alcohol concentration (BAC) of .08 grams per deciliter (g/dL) or greater, 11% above the national average of 29% (NHTSA, 2019). Furthermore, 27% of these deaths involved a driver with a BAC of .15 g/dL or greater, which is almost twice the legal per se limit (NHTSA, 2019). The national average in this category is 19% (NHTSA, 2019), further showing that Texas has a disproportionately high frequency of impaired driving.
Along with alcohol-impaired driving, driving under the influence of drugs is a growing problem. In Texas, the recent legalizations of hemp and cannabidiol (also known as CBD) have made marijuana more accessible, which is likely to increase instances of marijuana impaired driving. Without a legally mandated per se limit (such as the .08 g/dL BAC threshold for alcohol), it is a challenge for states to prove impairment in drugged driving cases. Per se limits for drugs do not exist in Texas primarily because of the uncertainly over what level of drugs in one’s system results in intoxication. Texas courts thus rely on expert testimony concerning toxicology lab results, which is more complicated and uncertain than the easy-to-apply per se alcohol limit. To compound the problem, toxicology labs are having trouble keeping up with the massive demand for tests. Further, with new types of legal and illegal drugs frequently cropping up, it is difficult for labs to keep up with the need for new types of tests. It is vital that courts in Texas have a firm grasp the legal issues related to drugged driving.
-Ned Minevitz, TMCEC Program Attorney & MTSI Grant Administrator
in cooperation with the Texas Department of Transportation
