Theo Nash
Texas has strict laws regarding alcohol consumption, especially for those under the age of 21. While the legal drinking age in Texas is 21, minors aged 15-17 can consume alcoholic beverages in the presence of consenting and supervising family members. Texas has varying county-level regulations for alcohol sales, with some being dry, wet, or a combination of both, known as moist. The state also enforces stringent driving under the influence (DUI) laws, with a legal blood alcohol content (BAC) limit of 0.08%. For commercial license holders, the limit is even lower at 0.04%. Texas imposes severe penalties for DUI convictions, including fines, jail time, and driver's license suspension.
| Characteristics | Values |
|---|---|
| Legal drinking age | 21 years |
| Age to work at a company serving alcohol | 18 years |
| Age to drink alcohol publicly | 15-17 years |
| Legal alcohol limit for driving | 0.08% BAC |
| Legal alcohol limit for commercial license holders | 0.04% BAC |
| Legal alcohol limit for minors | 0% BAC |
| Dry counties | 4 |
| Wet counties | 195 |
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What You'll Learn
Texas drinking age and working age
Texas has a zero-tolerance policy for drinking and driving by minors. The legal drinking age in Texas is 21, and minors will face severe consequences if found drinking alcohol. Texas law prohibits the sale of alcohol to anyone under the age of 21, and establishments serving alcohol must employ individuals who are at least 18 years old.
The drinking age in Texas has changed over time, initially set at 18 in 1961, lowered to 19 in 1979, and finally raised to 21 in 1984. The changes were made in response to societal concerns, federal regulations, and efforts to reduce drunk driving accidents.
While the legal drinking age in Texas is 21, there are some exceptions to the law. Minors may possess or consume alcoholic beverages if they are in the presence of their adult parent, guardian, or spouse. Additionally, minors employed by businesses serving alcohol may possess alcohol while on the job, but they may not consume it. Minors working with law enforcement on sting operations may also possess or attempt to purchase alcohol without facing legal consequences.
The consequences for underage drinking in Texas can be severe. A minor found to be in possession of alcohol or drinking in public can be charged with a Class C misdemeanour, punishable by a fine of up to $500. If the minor is 17 or older and it is their third offence, the punishment can include a fine ranging from $250 to $2,000, up to 180 days in jail, or both, as well as an automatic suspension of their driver's license.
Texas also imposes stiff penalties on adults who provide alcohol to minors. It is illegal for adults of legal drinking age to give alcoholic drinks to minors, and they can face significant consequences if they do so.
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DUI/DWI laws and penalties
Texas has strict DWI/DUI laws and severe penalties for those who drink and drive. The legal blood alcohol content (BAC) limit in Texas is .08 percent. If your BAC is greater than or equal to .15 percent, you will face harsher penalties.
For those holding a commercial license, the limit drops to just 0.04%. This rule applies to commercial license holders even when they are operating their own personal vehicle.
If convicted of a first-offense DWI in Texas with a .08% BAC, you could be fined up to $2,000, spend from 3 to 180 days in jail, and lose your driver’s license for up to one year. Court fees can be as much as $1,500, while state fines begin at $3,000 for a first offense. A second offense in 36 months or less leads to a $4,500 charge. Individuals with a 0.15% BAC or above face a $6,000 state fine.
Those found guilty of DWI also face several collateral consequences and additional penalties, including the possible installation of an Ignition Interlock Device, alcohol abuse counseling or group therapy, community service, ongoing drug and alcohol testing, difficulty finding or keeping employment, and relational conflict.
Drivers under the age of 21 face even harsher restrictions. Texas is a “zero tolerance” state when it comes to underage drinking, which means that any amount of alcohol found in the system results in a DUI/DUIA charge. The court may deny potential driving privileges to individuals in this category who don’t yet have their license. This period can last for the same duration as a suspension for those who already have their driver’s license. If under the age of 17, a driver in Texas testing positive for any BAC may be subject to DUI charges.
It is important to note that Texas law only prohibits operating a motor vehicle with a BAC of 0.08% or higher. This means that drinking and driving is not technically illegal if your BAC is below the legal limit. However, it is always best to avoid drinking and driving altogether, as even one drink can impair your judgment and driving ability.
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Commercial licenses
Texas has a zero tolerance policy for underage drinking and driving. Any traces of alcohol found in the breath or blood test of a driver under 21 will lead to penalties, including license suspension.
For drivers over 21, the legal blood alcohol concentration (BAC) limit in Texas is 0.08%. If a driver exceeds this limit, they are legally intoxicated and can be charged with a Driving While Intoxicated (DWI) offence. Texas law also states that a person is legally intoxicated if they "do not have the normal use of mental or physical faculties due to alcohol or drugs".
However, commercial drivers in Texas must adhere to stricter regulations. The legal BAC limit for commercial drivers is 0.04%. This rule applies even when they are operating their own personal vehicle. Commercial drivers are subject to these stricter regulations due to the increased dangers posed by the large, heavy vehicles they operate. If a commercial driver is stopped and found to have a BAC level of 0.04% or above, they may face a DWI charge. A first-time DWI offence can result in a commercial driver's license (CDL) suspension for up to a year, while a second offence can lead to a potential lifetime suspension.
In Texas, a first-time DWI conviction with a BAC of 0.08% or above is a class B misdemeanour, punishable by fines of up to $2,000, jail time of 3 to 180 days, and a driver's license suspension of up to one year. The penalties increase for higher BAC levels and subsequent convictions. For example, a first-time offender with a BAC of 0.15% or above is charged with a class A misdemeanour, which carries higher fines and longer jail time.
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Dry, wet, and moist counties
Texas has some of the strictest DWI/DUI laws in the country, with severe penalties for those who drink and drive. The legal blood alcohol limit in Texas is 0.08%. For commercial license holders, the limit is even lower at 0.04%, even when operating their personal vehicle.
Texas allows local jurisdictions to exercise a local option to decide whether it is a "wet" or "dry" county, and there is no limit on how that decision is made. There are 254 counties in Texas, and each has its own way of doing things, with different geography, demographics, lifestyles, and locations within the state. Texas law prohibits the sale of alcohol in any "sexually oriented business" in a dry county.
A "dry county" is one where sales of alcoholic beverages are not legal anywhere in the county. There are only four completely dry counties in Texas: Borden County, Kent County, Roberts County, and Hemphill County. These counties are mostly rural, with small towns and a strong Republican voter base. The biggest cities in these counties are Gail, Miami, and the county seat of Kent County, named after a famous Texan who fought at the Alamo. The populations of these counties range from 654 to 850 people, and the residents have consistently voted to keep these counties dry, even after Prohibition was lifted in the 1930s.
A "wet county" is one where all alcoholic beverage sales are legal everywhere in the county. Many Texas counties are completely wet.
A "moist county" is a combination of wet and dry areas. Beer and wine can be sold from 7:00 am until midnight Monday through Friday, from 7:00 am until 1:00 am on Saturday, and from 10:00 am until midnight on Sunday. Licensed restaurants, bars, and other establishments can serve alcohol for consumption on their premises starting at 10:00 am on Sundays if served with food and until 2:00 am every night if the establishment has a late-hours permit and the city or county allows such sales. Texas has 195 moist counties, and alcohol sales are more stringently regulated. They are prohibited on Sundays, Thanksgiving Day, Christmas Day, and New Year's Day.
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Alcohol storage and transportation
Texas has strict laws regarding the storage and transportation of alcohol, which are designed to prevent unauthorised access and consumption. These laws apply to both individuals and businesses transporting alcohol.
Firstly, it is important to note that drinking in a vehicle is against the law in Texas. This means that all occupants of a vehicle should refrain from drinking alcohol while the car is in motion. The only exceptions to this rule are passengers in a hired limousine or a motor home designed for passenger use, who are allowed to consume alcohol.
When transporting alcohol in a vehicle, it must be stored in a sealed container and placed in a secure area of the vehicle, such as the trunk, or behind the last row of seats if there is no trunk. If the vehicle has a locked glove compartment or a similar secure storage container, the sealed alcoholic beverage can also be stored there. These measures ensure that the alcohol is not accessible to the driver or any passengers.
In Texas, it is permissible to transport unopened alcohol within the state. However, the container must be completely sealed. Simply resealing a previously opened container or recorking a bottle of wine does not meet the requirements of the Texas Open Container Law. An open container is defined as any bottle, can, or container that has any amount of alcohol and has a broken seal, has been opened, or has had its contents partially removed. This includes capped bottles that have been previously opened.
For businesses, the Texas Alcoholic Beverage Commission (TABC) regulates the transportation of alcohol. The TABC Delivery Law states that alcohol being delivered must be stored in a sealed container and placed in a secure vehicle area, such as the trunk or a locked compartment. It is prohibited from being transported in the passenger area of a motor vehicle. These regulations ensure that alcoholic beverages are transported in a compliant and responsible manner.
Overall, Texas has strict laws regarding the storage and transportation of alcohol, which are designed to prevent unauthorised access and consumption, and to promote safety on the roads. Individuals and businesses must comply with these regulations to avoid legal consequences.
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Frequently asked questions
The legal blood alcohol content (BAC) limit in Texas is .08%. If your BAC is greater than or equal to .15%, you will face harsher penalties.
If convicted of a first-offense DWI in Texas with a .08% BAC, you could be fined up to $2,000, spend from 3 to 180 days in jail, and lose your driver’s license for up to one year. Court fees can be as much as $1,500, while state fines begin at $3,000 for a first offense.
Yes, the legal alcohol limit in Texas varies depending on age and license type. Texas is a zero tolerance state for underage drinking, so any amount of alcohol in the system of a driver under 21 years of age results in a DUI/DUIA charge. For commercial license holders, the legal limit is .04%, even when operating their personal vehicle.
Yes, only four Texas counties are completely "dry" counties, where sales of alcoholic beverages are not legal anywhere in the county. Beer and wine can be sold from 7:00 AM until midnight Monday through Friday, from 7:00 AM until 1:00 AM on Saturday, and from 10 AM until midnight on Sunday in 195 "moist" counties.
