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.
| Rule | What applies |
|---|---|
| Random breath tests without suspicionDriving after drinking alcohol | ⚠ Not yet verified |
| Blood alcohol limit for ordinary driversDriving after drinking alcohol | 0.08 % blood alcohol [1] |
| Lower limit for novice or young driversDriving after drinking alcohol | A 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 alcohol | A 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 alcohol | Driving 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
- Texas Legislature: Texas Penal Code, Chapter 49 (Internet Archive snapshot of 2024-12-21) (consulted 29 October 2026) · all sources
- Texas Legislature: Texas Alcoholic Beverage Code, Chapter 106 (Internet Archive snapshot of 2025-01-13) (consulted 29 October 2026) · all sources
- 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 drivers | 0.04% 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
| State | Blood alcohol limit for ordinary drivers | Lower limit for novice or young drivers | Limit for professional or commercial drivers | Random breath tests without suspicion | Maximum 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
- CannabisPossession for personal use: Criminal offence (misdemeanour)
- Car speed limitsBuilt-up areas: 30 mph · Outside built-up areas (single carriageway): 70 mph; 60 mph on unnumbered roads
- Minimum age for a car driving licenceMinimum age for a car licence: 16 (Class C, after 6 months on permit) · Earliest age to drive a car supervised: 15 (learner licence)
- E-bikes and speed pedelecsLegal class: Three classes · Minimum age: Class 3: 15
- FireworksConsumers may buy and use category F2 fireworks: Yes (no bottle rockets) · Minimum age to buy: 16
- Knives and pepper sprayFolding pocket knives: No carry ban for blades up to 5.5 in · Locking or one-handed knives: No separate rule
- Statutory minimum wageNational statutory minimum wage: Yes (state law) · Current adult minimum wage (gross): $7.25 per hour
- Using a mobile phone while drivingHolding a phone while driving banned: No (texting only) · Hands-free use: Allowed
- Seat belts and child seatsSeat belt compulsory in front seats: Yes · Seat belt compulsory in rear seats: Yes
- Tobacco and nicotine age limitsMinimum age to buy tobacco: 21 · Minimum age to buy e-cigarettes: 21
- Drinking age and alcohol salesMinimum age to buy beer and wine: 21 (minors may not buy) · Minimum age to buy spirits: 21 (minors may not buy)
Related pages
General information, not legal advice. Rules change: check the official source before you fly or ride.