Texas Drunk Driving Law

Highlights of Texas's DWI Law

Here are highlights from Texas law on driving while intoxicated (TX Transp. Code Ch. 49.04). Click on the links for further explanation of the legal terms associated with drunk driving in Texas.

'Per Se' BAC Level: .08

Zero Tolerance BAC Level: .00

Enhanced Penalty BAC Level: .15

Implied Consent Law: Yes

License Suspension 1st Offense: 90 days

License Suspension 2nd Offense: 180 days

License Suspension 3rd Offense: 180 days

Mandatory Jail Time after 2nd offense: Yes

Mandatory Alcohol Education: No

Mandatory Assessment/Treatment: No

Possible Ignition Interlock: Possible

Possible Vehicle Confiscation: After 3rd offense

Hardship License while license suspended: No

Open Container Law: For driver and passengers

These are highlights of the main provisions of Texas law pertaining to drunk driving. Other factors can increase the penalties for drunk driving, such as if an injury or death occurred, or if a child was endangered.

If you have been arrested for drunk driving in Texas, contact an attorney in your area to determine you rights and responsibilities.

Source: TX Transp. Code Ch. 49.04