§ 19-201. Driving under the influence of drugs.

(a)

It is unlawful and punishable as provided in paragraph (b) of this section for any person who is an habitual user of or under the influence of any narcotic drug or who is under the influence of any other drug to a degree which renders him incapable of safely driving a vehicle to drive a vehicle within this city. The fact that any person charged with a violation of this section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this section.

(b)

Every person who is convicted of a violation of paragraph (a) of this section shall be punished by imprisonment for not less than ten (10) days nor more than two (2) years, or by fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00), or by both such fine and imprisonment. On a second or subsequent conviction under this section he shall be punished by imprisonment for not less than ninety (90) days nor more than two (2) years, and, in the discretion of the court, a fine of not more than one thousand dollars ($1,000.00).

(Ord. of 3-18-80, § 1-169)

State law reference

Similar provisions, V.A.C.S. art. 6701d, § 50.