Drink-driving limits in Texas (2026)

Last reviewed: 29 October 2026

In short: State drink-driving rules for this state have not yet been verified.

RuleWhat applies
Random breath tests without suspicionDriving after drinking alcohol⚠ Not yet verified
Blood alcohol limit for ordinary driversDriving after drinking alcohol0.08 % blood alcohol [1]
Lower limit for novice or young driversDriving after drinking alcoholA person under 21 commits an offence by driving a motor vehicle in a public place, or operating a watercraft, with any detectable amount of alcohol in the system (a Class C misdemeanour). [2]
Limit for professional or commercial driversDriving after drinking alcoholA person may not drive a commercial motor vehicle with a measurable or detectable amount of alcohol in the system. An alcohol concentration of 0.04 or more while driving a commercial motor vehicle leads to disqualification from commercial driving. [3]
Maximum penaltiesDriving after drinking alcoholDriving while intoxicated is a Class B misdemeanour with a minimum term of confinement of 72 hours (six days if an open container was in the person's immediate possession). It is a Class A misdemeanour if a test showed an alcohol concentration of 0.15 or more. With a passenger under 15 it is a state jail felony. [1]

Notes

  • Not yet verified against the state's official statutes.

Sources

  1. Texas Legislature: Texas Penal Code, Chapter 49 (Internet Archive snapshot of 2024-12-21) (consulted 29 October 2026) · all sources
  2. Texas Legislature: Texas Alcoholic Beverage Code, Chapter 106 (Internet Archive snapshot of 2025-01-13) (consulted 29 October 2026) · all sources
  3. Texas Legislature: Texas Transportation Code, Chapter 522 (Internet Archive snapshot of 2025-01-15) (consulted 29 October 2026) · all sources

National rules that also apply

These rules are set at national level in the United States and apply here too, alongside the rules above. All national rules for the United States

Limit for professional or commercial drivers0.04% alcohol concentration or more: a driver subject to commercial driver's licence rules must not report for or remain on duty performing safety-sensitive functions, and an employer who knows of it must not let the driver continue. (source: Electronic Code of Federal Regulations (Office of the Federal Register))

Texas and neighbouring states

StateBlood alcohol limit for ordinary driversLower limit for novice or young driversLimit for professional or commercial driversRandom breath tests without suspicionMaximum penalties
Texas
0.08%
Zero (under 21)
Zero tolerance; 0.04% disqualifies
⚠ Not yet verified
Min. 72 hours confinement (Class B)
Arkansas
0.08%
0.02% under 21
0.04% (commercial vehicle)
⚠ Not yet verified
Up to 1 year jail, $150-1,000 fine
Louisiana
0.08%
0.02% under 21
0.04% in a commercial vehicle
Yes, sobriety checkpoints
⚠ Not yet verified
New Mexico
0.08%
⚠ Not yet verified
0.04% (commercial vehicle)
Yes (sobriety checkpoints)
First: up to 90 days / $500; 8th: 12 years

More rules in Texas

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General information, not legal advice. Rules change: check the official source before you fly or ride.