Alcohol-Related Traffic Violations in Texas

Beyond the basic rule against driving while impaired, Texas has several specific laws addressing alcohol and driving that every driver should understand including rules about open containers, your obligations if you're pulled over, and a strict zero-tolerance policy for drivers under 21.

Open Container Law

It's illegal to drive with a BAC of 0.08% or higher in Texas. Separately, it's also illegal to have an open container of an alcoholic beverage anywhere in your vehicle while on a highway regardless of whether the vehicle is moving, stopped, or parked. A conviction carries a fine of up to $500.

Implied Consent Laws

Under Texas's implied consent law, anyone arrested for driving while intoxicated in a public place is considered to have already agreed to provide a breath or blood specimen for testing. This applies to both adults and minors. If you refuse to provide a sample, your driver license can be suspended for 180 days. If you do provide a sample and it shows a BAC of 0.08% or higher, your license may be suspended for anywhere from 90 to 365 days.

Zero Tolerance for Minors

Under the Texas Alcoholic Beverage Code, anyone under 21 is considered a minor and may not purchase, attempt to purchase, possess, or consume alcohol. Because minors aren't legally allowed to possess alcohol at all, Texas enforces a strict zero-tolerance policy for any minor who drives after drinking.

Zero tolerance means exactly that: even if a minor doesn't meet the legal definition of "intoxicated" under standard DWI law, having any detectable amount of alcohol in their system while operating a motor vehicle (or watercraft) in a public place is itself a criminal offense, Driving Under the Influence of Alcohol by a Minor.

Want to understand more about how alcohol affects your driving ability and health? Read our guide on alcohol and driving safety.

This article is for general informational purposes only and is not legal advice. For questions about your specific situation, consult an attorney or the court named on your citation.