What Are the Legal Limits for Drunk Driving in Texas?

 Posted on March 20, 2025 in DWI

Drunk driving can lead to severe consequences, such as steep fines, license suspension, and even imprisonment. However, a charge is not yet a conviction. Knowing the laws that apply to these cases is critical in fighting the accusations against you, even if it is your first DWI/DUI offense. If you find yourself facing a DWI or DUI, our Collin County, TX DWI defense lawyers will listen to the details of your case and help you understand how having legal representation may benefit you.

What Should You Know About Blood Alcohol Concentration?

Blood alcohol concentration (BAC) is a measurement of the percentage of alcohol in a person’s blood. The levels are determined by chemical tests and used to prove charges of driving while intoxicated. The Texas legal limit for drivers 21 years and older is a BAC of 0.08 percent. The law is slightly more strict for commercial drivers at 0.04 percent. When a chemical test produces a BAC above these levels, the driver will likely be charged with a DWI.

What Is the Zero Tolerance Law in Texas?

Some states have a BAC requirement for underage drivers. It is often significantly lower. This is not the case in Texas, a state with a Zero Tolerance Law. Texas’s Zero Tolerance Law states that anyone under the age of 21 caught with any detectable amount of alcohol in their system can face a DUI charge.

The first and second DUI offenses for underage drivers are class C misdemeanors. The penalties include:

• As much as $500 in fines

• Between 20 and 40 hours of community service

• Mandatory attendance for a course on alcohol awareness

• Loss of driving privileges for 30-60 days

A third DUI offense could result in a $500 fine, 40-60 community service hours, and the required alcohol awareness course. In some cases, the offender may need to attend more classes and install an ignition interlock device in their vehicle. This device, also called a car breathalyzer, is connected to the vehicle’s ignition and prevents the car from starting if the driver’s breath alcohol content exceeds the maximum allowance.

Do You Have To Fail A Breathalyzer To Face A DWI?

The Texas Implied Consent Law dictates that everyone is obligated to submit to blood alcohol tests when requested by police officers. However, you do not have to fail a breathalyzer test to face a DWI charge. While a failed breathalyzer test can certainly be used as evidence, it is not the only factor that determines intoxication.

In Texas, the term "intoxicated" refers to an inability to use mental or physical faculties normally due to substance consumption. This does not specifically mean a BAC level of 0.08 percent. Therefore, law enforcement officers can rely on other forms of evidence outside the breathalyzer test to determine intoxication. For example, they may observe the following:

• Difficulty walking

• Erratic driving behavior

• Bloodshot eyes

• Slurred speech

• An odor of alcohol

It is also common practice for law enforcement to ask you to submit to standard field sobriety tests, which help them assess you for potential intoxication. Ultimately, there are ways for officers to establish probable cause and charge you with a DWI without a failed chemical test.

Can You Refuse a Breathalyzer in Texas?

Texas drivers are subject to implied consent law, which means that they automatically consent to chemical testing when under suspicion of driving under the influence of alcohol or drugs. Chemical testing can include a breathalyzer, blood, or urine test. The general understanding is that choosing to drive a motor vehicle is an agreement to uphold traffic responsibilities, which include submitting to chemical testing when an officer has probable cause to request it.

You can still refuse chemical tests, and police typically have to respect that choice. However, you will likely face penalties. Similarly, you can refuse field sobriety tests, which many do on the basis that they are not always reliable.

What Are the Penalties for Adult Drunk Drivers?

If you are arrested for driving under the influence in Frisco, TX, you may face serious penalties. That is why consulting with a DWI defense attorney to help fight the charges is often a good choice.

Consider the potential penalties for drunk driving:

First-time DWI conviction: Sentencing can include up to 180 days in jail, $2,000 in fines, a revoked driver’s license, and an annual fee of $2,000 for three years to retain your license.

• Second DWI conviction: You may face up to a year in jail, $4,000 in fines, two-year license revocation, and the annual $2,000 fee for three years.

• Third DWI conviction: The potential penalties increase with up to ten years in prison, $10,000 in fines, two years without driving privileges, and the $2,000 annual fee.  

You may be allowed to install an ignition interlock device if the court makes it a condition of your bond or probation. Sometimes, you can choose to get a restricted license with an interlock device in order to regain some of your driving privileges.

When Does a DWI Become a Felony in Texas?

According to Texas law, a DWI can become a felony under several circumstances. Having two previous DWI convictions is a common reason. Causing a collision while drunk driving can also result in a third-degree felony, especially if the accident causes severe bodily injury to another party. A felony conviction can result in a prison sentence of two to 10 years, 800 hours of community service, and up to a $10,000 fine.

Contact DWI Attorneys in Frisco, TX for a Free Consultation

A DWI conviction can affect your life in many ways. If you find yourself facing a DWI charge in Texas, you should always protect your rights. Our Texas DWI attorneys can guide you in fighting the DWI charges and navigating the DWI legal process. We understand that BAC tests may not always be admissible in court, and we can help avoid a conviction whenever possible. Contact the Collin County, TX criminal defense attorneys at Law Offices of Biederman & Burleson P.L.L.C. to discuss your case. Call 469-333-3333 today.