What Is the Legal Alcohol Limit in Texas? 0.08, Zero Tolerance Under 21 and What DWI Means
Contents
Last reviewed: October 17, 2026. This article is general information, not legal advice. Texas DWI law changes from time to time; check the current statutes or ask a Texas criminal defense lawyer about your situation.
If you're planning a night out in Texas, or you've already been stopped, the first thing you probably want to know is the number. The answer is simple, but the law around it has a few traps that catch people out.
Short answer: The legal alcohol limit in Texas is an alcohol concentration of 0.08 for drivers 21 and over. Drivers under 21 can be charged with any detectable amount of alcohol, and commercial drivers face CDL disqualification at 0.04. You can also be charged with DWI below 0.08 if alcohol or drugs have taken away the normal use of your mental or physical faculties.
The three limits in Texas
| Driver | Limit | Where it comes from |
|---|---|---|
| Adults 21 and over | 0.08, or any level that impairs your normal faculties | Penal Code §§ 49.01, 49.04 |
| Under 21 | Any detectable amount | Alcoholic Beverage Code § 106.041 |
| Commercial vehicle drivers | 0.04 for CDL disqualification; any measurable amount puts you out of service for 24 hours | Transportation Code §§ 522.081, 522.101 |
"Alcohol concentration" is measured in grams of alcohol per 210 liters of breath, 100 milliliters of blood or 67 milliliters of urine (§ 49.01(1)). In everyday terms, 0.08 is the same figure people call "BAC."
You can be over the limit without reaching 0.08
Texas defines intoxication two ways, and either one is enough. The 0.08 figure is the "per se" route: if the test shows 0.08 or more, the state does not need to prove you were visibly impaired. The other route is loss of the normal use of your mental or physical faculties, which prosecutors prove with driving behavior, field sobriety tests, an officer's observations and video. That route also covers drugs, including prescription medicines.
So "I was only at 0.06" is not a defense by itself, and "I felt fine" is not either.
Penalties for DWI in Texas
The penalty depends on your history and the facts of the stop. The core rules from Penal Code Chapter 49 and Chapter 12:
| Situation | Offense level | Punishment range |
|---|---|---|
| First DWI | Class B misdemeanor (§ 49.04(b)) | At least 72 hours in jail, up to 180 days; fine up to $2,000 |
| First DWI with an open container | Class B misdemeanor (§ 49.04(c)) | At least six days in jail, up to 180 days; fine up to $2,000 |
| Test result of 0.15 or more | Class A misdemeanor (§ 49.04(d)) | Up to one year in jail; fine up to $4,000 |
| Second DWI | Class A misdemeanor (§ 49.09(a)) | At least 30 days, up to one year; fine up to $4,000 |
| Third DWI (two prior convictions) | Third-degree felony (§ 49.09(b)) | Two to 10 years in prison |
| Child passenger under 15 | State jail felony (§ 49.045) | 180 days to two years in state jail |
| In a school crossing zone while the reduced speed limit applies | State jail felony (§ 49.04(e)) | 180 days to two years in state jail |
The school-zone rule is new: it was added by S.B. 826 and took effect on September 1, 2025.
On top of the criminal fine, Transportation Code § 709.001 adds a separate state fine after a final DWI conviction: $3,000 for a first conviction within 36 months, $4,500 for a second or later one, and $6,000 if the test showed 0.15 or more. Courts can also require an ignition interlock device and alcohol education, depending on the case.
Your license: a separate track
Your driver's license can be suspended before the criminal case is over, through the Department of Public Safety's administrative license revocation (ALR) process:
- Test of 0.08 or more: a suspension of 90 days if you have no alcohol- or drug-related enforcement contact in the past 10 years, or one year if you do (Transportation Code § 524.022).
- Refusing the test: 180 days, or two years with a prior contact in the past 10 years (§ 724.035).
- Drivers under 21: suspensions start at 60 days for a first offense and increase with prior convictions (§ 524.022(b)).
You can ask for a hearing, but the deadline is short: DPS must receive your request no later than the 15th day after you receive notice of the suspension (§ 524.031). If you miss it, the suspension generally takes effect without a hearing.
Common misunderstandings
- "Under 0.08 means I'm safe." Not if your faculties were impaired, and not at all if you are under 21 or driving commercially.
- "Refusing the test means they can't prove anything." Refusal brings its own suspension, and the state can still prosecute using other evidence.
- "A first DWI is just a ticket." It is a criminal offense with a mandatory minimum of 72 hours' confinement, plus the § 709.001 fine.
- "There's a set number of drinks that's fine." No formula is reliable, because your alcohol concentration depends on your body, food, drink strength and timing.
If you've been charged
A Texas DWI is a criminal case, so the state must prove it beyond a reasonable doubt. Write down everything you remember about the stop, note the 15-day ALR deadline, and speak to a lawyer early. Our guide on whether you need a lawyer for a first DUI explains what a lawyer can and cannot do. For how dismissals and reductions work in another state's system, see how to get a DWI dismissed in NY.
Can I get a DWI in Texas if I'm under 0.08?
Yes. Texas Penal Code § 49.01(2) defines "intoxicated" two ways: an alcohol concentration of 0.08 or more, or not having the normal use of your mental or physical faculties because of alcohol, drugs or another substance. Prosecutors can rely on the second definition even with a lower reading.
What is the legal limit for drivers under 21 in Texas?
There is effectively no safe amount. Under Alcoholic Beverage Code § 106.041, a person under 21 commits an offense by driving in a public place with any detectable amount of alcohol. A first offense is a Class C misdemeanor with 20 to 40 hours of alcohol-related community service, and the license can also be suspended.
What is the limit for commercial drivers in Texas?
A reading of 0.04 or more while driving a commercial motor vehicle leads to CDL disqualification under Transportation Code § 522.081, and § 522.101 bars driving a commercial vehicle with any measurable or detectable amount of alcohol, which puts the driver out of service for 24 hours.
How many drinks puts you over 0.08?
There is no reliable number. Body weight, sex, food, the strength of the drinks and how quickly you drink all change your alcohol concentration, and you can be charged on impairment alone. The only certain way to stay legal is not to drive after drinking.
What happens if I refuse a breath or blood test in Texas?
Under Transportation Code § 724.035, refusing leads to a 180-day license suspension, or two years if you have had an alcohol- or drug-related enforcement contact in the previous 10 years. The criminal DWI case can still go ahead.
Sources
- Texas Penal Code Chapter 49, intoxication offenses, including §§ 49.01, 49.04, 49.045 and 49.09 (Texas Legislature)
- Texas Penal Code Chapter 12, punishment ranges, §§ 12.21, 12.22, 12.34 and 12.35 (Texas Legislature)
- Texas Alcoholic Beverage Code Chapter 106, § 106.041, drivers under 21 (Texas Legislature)
- Texas Transportation Code Chapter 522, commercial driver's licenses, §§ 522.081 and 522.101 (Texas Legislature)
- Texas Transportation Code Chapter 524, administrative license suspension, §§ 524.022 and 524.031 (Texas Legislature)
- Texas Transportation Code Chapter 709, § 709.001, state traffic fine for DWI (Texas Legislature)
- Texas Transportation Code Chapter 724, implied consent and refusal, § 724.035 (Texas Legislature)
About Farrukh Shahzad
Farrukh Shahzad is the founder and researcher behind TodayinTrend. He is not a lawyer and does not give legal advice — he reads the statutes, court rules and official data, then explains what they actually say in plain English.
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