Drunk and drugged driving laws in Texas

By the end of this topic you can

• You can state the legal BAC limits that apply to you.
• You can explain implied consent and what refusing a test means.
• You can describe the main penalties for minors and adults.
• You can explain why drugs, including medicines, can make driving illegal.
• You can plan a safe way home.

What you need to know and understand

• A blood alcohol concentration (BAC) of 0.08 or more is intoxication at any age, and you can be intoxicated below that if you have lost normal use of your mental or physical faculties.
• Under 21, driving with any detectable alcohol is an offense.
• By driving in Texas you are taken to have consented to a breath or blood test if arrested; refusing brings a 180-day suspension, or 2 years with a prior alcohol or drug contact in the last 10 years.
• A minor with detectable alcohol below 0.08 faces a 60-day suspension for a first offense, 120 days for a second and 180 days for a third.
• A first DWI is a Class B misdemeanor with 72 hours to 180 days in jail and a fine of up to $2,000; a BAC of 0.15 or more makes it Class A.
• An open container in the passenger area can cost up to $500.
• Intoxication can come from any drug, including prescription and over-the-counter medicine, not just alcohol.

Zero tolerance for drivers under 21

A minor's first DUI (driving with any detectable alcohol) is a Class C misdemeanor with a fine of up to $500, 20 to 40 hours of community service and an alcohol awareness course, as well as the license suspension. Minors also lose their license for alcohol offenses that have nothing to do with driving, such as buying or possessing alcohol: 30 days for a first offense and 60 for a second.

If your BAC is 0.08 or more, you can be charged with DWI just like an adult.

Adult DWI penalties at a glance

• Test result of 0.08 or more: 90-day administrative suspension, up to 365 days for repeats
• Second DWI: up to $4,000 and 30 days to 1 year in jail
• Third DWI: up to $10,000 and 2 to 10 years in prison
• A passenger under 15 makes a DWI a state jail felony
• Since September 1, 2025, DWI in a school crossing zone while its reduced limit applies is a state jail felony
• Separate state fines under the Transportation Code of $3,000 to $6,000 can apply on conviction

Drugs, medicine and myths

Texas law defines intoxication as not having normal use of your mental or physical faculties because of alcohol, a drug or a combination. That includes marijuana and other illegal drugs, and also legal medicines that cause drowsiness. Read labels and ask a doctor or pharmacist before driving on a new medicine.

Coffee, cold showers and fresh air do not sober you up. Only time does, roughly an hour per drink. Plan a sober driver, a ride or a place to stay before you go out. Our Texas permit practice test includes questions on these rules.

Common mistakes

• Thinking one drink is legal at 19 because it is under 0.08. Under 21, any detectable alcohol is an offense.
• Believing coffee or food will sober you up quickly. Only time lowers your BAC.
• Assuming prescription medicine is always safe to drive on. Check the label.
• Riding with a driver who has been drinking. Find another way home.

Test yourself: Drunk and drugged driving laws in Texas

Answer each question, then read the explanation. Questions come in a random order each time.

Go deeper

• Texas Texting and Driving Law
• How to Pass the Texas Parallel Parking Test
• Texas Adult Driver Ed