What is the legal blood alcohol limit for adult drivers in Texas?
An adult driver age 21 or older in Texas is considered legally intoxicated at what blood alcohol concentration?
The answer
0.08 percent. Texas also says you break the law whenever drugs or alcohol affect your driving, even below that number.
TxDOT lists the first-offense DWI penalty as a fine of up to $2,000, jail of up to 180 days with three mandatory days, and loss of license for up to a year. A state fine of $3,000, $4,500 or $6,000 can be added at sentencing.
Carrying an open container of alcohol in a vehicle is illegal even if the driver is not impaired. A DWI with a child under 15 in the vehicle adds a child endangerment charge, which carries extra penalties listed on the TxDOT page.
Exceptions
- Drivers under 21 may not drive with any detectable amount of alcohol, which is a separate and lower standard.
Penalty
TxDOT lists, for a first offense, a fine of up to $2,000, up to 180 days in jail (three mandatory) and license loss of up to a year, with higher penalties for second and third offenses.
Why this rule matters for safety
Texas treats driving as illegal as soon as alcohol or drugs affect your driving, so being under the numeric limit does not make impaired driving safe or lawful.
Official sources
- Impaired driving and penalties - DUI/DWI · Texas Department of Transportation0.08 limit, impairment rule, penalties by offense, open container and child passenger penalties. No date shown other than a 2026 copyright.
Rules checked against these sources on . Laws change. Confirm with the Texas agency before you rely on this for a legal matter.
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