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Texas state troopers standing next sign displaying 0.08% blood alcohol limit

Driving while under the influence of alcohol or drugs can risk your life and the lives of others, and it can send you to jail.

When am I legally intoxicated?

You are legally intoxicated in Texas when your blood alcohol concentration reaches 0.08%, but you are breaking the law as soon as drugs or alcohol affect your driving — or flying or boating — ability.

What are the penalties for a DWI?

First offense

  • Up to a $2,000 fine.
  • Up to 180 days in jail upon conviction with three mandatory days.
  • Loss of driver license up to a year.

Second offense

  • Up to a $4,000 fine.
  • One month to a year in jail upon conviction.
  • Loss of driver license up to two years.

Third offense

  • A $10,000 fine.
  • Two to 10 years in prison.
  • Loss of driver license up to two years.

These fines do not include a state fine of $3,000, $4,500, or $6,000 assessed upon sentencing.

Drunk driving with a child passenger

  • You will be charged with child endangerment if you're driving drunk with children under 15.
  • You will be additionally fined up to $10,000.
  • You could be put in jail for up to two years.
  • You will lose driver's license for another 180 days.

Driving with an open container

Carrying an open container of alcohol in your vehicle, even if you're not drunk, is illegal. Learn more about Texas open container laws.

Safety campaigns

See our drunk driving safety campaigns.