In Texas DUI law states that 0.08 is the legal limit for blood alcohol concentration (BAC). However, any lawyer will explain that you can be pulled over and ticketed for drunk driving for drugs, alcohol, prescription medicine, OTC drugs regardless of blood alcohol content. Drunk driving if your under 21 means just 1 drink - that is to saw that Texas law states that for anyone under the legal age of consent there is a zero tolerance policy for drunk driving. If under 21, it is advised that you obtain a lawyer immediately.

If pulled over by a police officer on suspicion of driving under the influence (DUI) or driving while intoxicated (DWI), you are legally bound to blow into a breathalyzer. In Texas, however, many drunk driving lawyers state that the consequences for not blowing into the breathalyzer are less severe than blowing a number that will get you a DUI or DWI. If you do not use the breathalyzer when asked, you most likely will receive the 180-day license suspension as mandated by Texas DUI law. However, punishment can vary based on a variety of legal and personal factors. If this isn't your first time drink driving, the judge will most likely be much harder on you. It is advised that if this is a multiple drunk driving offense, that you get some assistance for your problems with alcohol.

Texas Breathalyzer Law: At this time, the state of Texas DOT maintains five authorized Breath Alcohol Test Devices (Breathalyzers). Each devices is approved and meets the standards set forth in Rule 19.1 of the Texas Breath Alcohol Testing Regulations. The devices permitted under Texas Breathalyzer law include: Intoxilyzer 5000, BAC DataMaster II, Intoxilyzer 5000, Intoxilyzer 5000EN. Keep in mind that approved devices change, so you'll need to review Texas Breathalyzer law for the date in question, not necessarily the current approved device list.

Texas DUI Law Consequences:
Texas DUI Law 1st Offense:

  • Monetary: as high as a $2,000 fine
  • Hard time: 72 hrs - 180 days
  • License: suspension 90 days - 1 year

Texas DUI Law 2nd Offense:

  • Monetary: as high as a $4,000 fine
  • Hard Time: 30 days - 1 year
  • License: suspension 180 days - 2 yrs

Texas DUI Law 3rd Offense:

  • Monetary: as high as a $10,000 fine
  • Hard Time: 2 - 10 years
  • License: suspension 180 days - 2 yrs

Texas DUI Law Under 21 (Zero Tolerance) Possession ONLY

  • Monteary: as high as a $500 fine
  • Alcohol education classes
  • 8 - 12 hrs community service
  • License: 30-day license suspension

Texas DUI Law 2nd+ offense - Zero Tolerance

  • Monteary: as high as a $2000 fine
  • Hard Time: 180 days (3rd time usually)
  • License: 90 - 180 license suspension

Texas DUI Law < 21 Stopped for drunk driving

  • Monteary: as high as a $500 fine
  • 40 hours community service
  • Alcohol education classes
  • License: 60 day license suspension

Texas DUI Law < 21 DUI

  • Monteary: as high as a $2000 fine
  • Hard time: 180 days
  • Alcohol education classes
  • License: 90 day - 1 year suspension


Keep in mind that Texas DUI law is put in place to protect you and your family. Need alcoholism and DUI help? Check out our Get Help page. Concerned about preventing a DUI review our DUI prevention page.