Texas Drunk Driving: Is it legal? docx

By Margaret Worlidge posted Tue January 05,2021 08:15 PM


Is it legal to drink and drive in Texas? Unexpectedly, the Texas legal alcohol limit for driving says you can drive while intoxicated - BUT. While drunk driving isn’t recommended, so long as your blood alcohol level (BAC) is under.8%, TEXANS that are over 21 and non-commercials drivers can technically be on the road after drinking. The state is officially using the term DWI (driving while intoxicated) instead of DUI (driving under the influence). However, some people still prefer using the terms DUI and DWI interchangeably to refer to drunk or drugged driving.

What is the Texas legal alcohol limit for driving?

When it comes to drinking and driving, some things are universal, even for Texans. For instance, the Implied Consent Law in Texas is relevant to all drivers. But the legal alcohol limit for driving depends on your age and situation.

For those over 21, there are two legal alcohol limits for driving:

  • For commercial drivers with a CDL, the alcohol limit for driving is only .04 – regardless of whether you’re driving your personal or commercial vehicle.
  • For normal, non-commercial drivers, the legal alcohol limit is .08

For those under 21, there’s a whole different story. Read on so you can prevent the common consequences of the Texas legal alcohol driving limit.

The science behind Texas legal alcohol limit

Myths and misconceptions proliferate for the legal alcohol driving limit in Texas. From incorrect information about juvenile drinking rules to choosing between breathalyzers and alcohol blood, confusion can appear anytime.  

One of the most prevalent misconceptions begins with the .08 blood alcohol figure because it doesn’t mean that your blood alcohol limit is 8% or .08 mathematically. In simple terms, it doesn’t take much alcohol to get anyone drunk by legal limits.

That said, any alcohol blood level of 0.3% to 0.4% or higher is normally considered fatal; consequently, you will either need a skilled car accident lawyer in Houston, TX or be the luckiest person ever to escape legal troubles. Since .08% is relatively easy to reach, it’s impossible for you to survive or even reach a blood alcohol level of 8%. Suppose you did survive by some miracle in that case, let’s just say that DWI license suspension or DWI probation in Texas would then be the least of your concerns.

 Can You Drink and Drive under the age of 21 in Texas?

As expected, the state holds a zero-tolerance policy for underage drinking and driving. If you’re under 21, are required to take a breath test and blow anything over 0, then you’re most likely looking at driver’s license suspension as a minimum risk.

Notes on the drinking age in Texas with a parent

Yes, it’s legal to consume alcohol under the age of 21 if you’re with a parent. You can even drink alcohol in a restaurant, so long as your dad or mom purchases the alcoholic beverage and stays with you the whole time. Yet, if you’re under 21 and your parents let you have a glass of wine, or a beer, don’t even assume you can get in the driver's seat.