What Is the Legal Alcohol Limit for Driving in Texas?

The 0.08 rule

Texas Penal Code section 49.01 defines “intoxicated” in two ways: not having the normal use of mental or physical faculties because of alcohol or another substance, or having an alcohol concentration of 0.08 or more. Either one is enough. The 0.08 number is a threshold, not a safe amount: you can be intoxicated under the first definition at a lower reading.

The statute measures alcohol concentration as grams of alcohol per 210 liters of breath, 100 milliliters of blood or 67 milliliters of urine.

Penalties in the statute

Under section 49.04, a person commits DWI by being intoxicated while operating a motor vehicle in a public place. It is generally a Class B misdemeanor with a minimum confinement of 72 hours. If a specimen shows an alcohol concentration of 0.15 or more, the offense is a Class A misdemeanor.

Drivers under 21

Alcoholic Beverage Code section 106.041 says a minor commits an offense by operating a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the system. The general penalty class is Class C misdemeanor, with higher penalties for repeat offenses.

Limits of this page

• We read only these sections; other rules (commercial drivers, repeat offenders, license consequences) exist and we did not check them.
• Laws change. Check current rules on the Texas Legislature site and ask a lawyer about a specific case.
• The safest limit is to not drive after drinking. Our standard drink calculator counts drinks, but it cannot tell you your blood alcohol level.