Texas DWI Limits: What Is the Blood Alcohol Level for a DUI in Texas?

The blood alcohol level for DWI in Texas is 0.08% BAC for most drivers; it is 0.04% for commercial drivers, and for drivers under 21, any detectable amount of alcohol can trigger a DUI by a minor charge. In practical terms, a breath or blood test of 0.08 or higher creates a “per se” DWI under Texas law, though officers can arrest even below 0.08 if there is evidence you lost the normal use of your mental or physical faculties. If you are reading this in Houston or greater Harris County, the same Texas-wide limits apply at the roadside, in court, and at the Administrative License Revocation (ALR) hearing.

The blood alcohol level for DWI in Texas: the quick answer

Mike, here are the numbers you need in plain English:

• 0.08% BAC (breath or blood) — “per se” DWI for non-commercial drivers age 21+. At or above 0.08, the State doesn’t have to prove you were subjectively impaired; the number itself satisfies the legal intoxication element.
• 0.04% BAC — commercial drivers (CDL) operating a commercial motor vehicle. The threshold is cut in half because of federal and state safety rules.
• Under 21 — any detectable alcohol can lead to DUI by a minor under the Alcoholic Beverage Code; a minor can also face adult DWI charges if intoxicated by alcohol or drugs.

These limits come from Texas intoxication statutes. For the primary legal language on intoxication and per-se levels, see the Texas statute text on DWI offenses and BAC limits. If you want a short explainer you can skim on your phone, here’s an interactive Q&A explaining Texas BAC limits (0.08/0.04/0.02) you can review later.

Why this matters now: if your test result was at or above one of those limits—especially 0.08 or more—the case starts with a legal presumption of intoxication. That does not end the case, but it shapes the fight (machine reliability, test procedure, timing, and whether a warrant was valid).

Houston context: what officers can do at a DWI stop

In Houston and surrounding counties, DWI stops follow a familiar pattern. Understanding the steps can help you make sense of what just happened and what comes next.

• Initial stop: Officers need reasonable suspicion (a traffic violation or specific driving behavior). They will note speeding, lane drift, or a wide turn.
• Face-to-face observations: Slurred speech, odor of alcohol, bloodshot eyes, and fumbling are recorded on body cam. These observations often matter as much as the BAC number.
• Field sobriety tests (FSTs): Horizontal gaze nystagmus, walk-and-turn, and one-leg stand are standardized. Performance is subjective and influenced by fatigue, footwear, injuries, or uneven pavement.
• Breath test request or blood draw: Texas implied consent laws allow officers to request a specimen. Refusal can lead to a license suspension notice on the spot. Judges can issue electronic warrants for blood draws quickly—common on Houston “no-refusal” operations.
• Arrest decision: Even below 0.08, an officer can arrest if evidence suggests loss of normal use due to alcohol or drugs. Above 0.08, “per se” intoxication satisfies the element once the test is admitted.
• Notice of suspension (ALR): If you refuse or blow 0.08+ on a properly administered test, you’ll likely receive notice that triggers a short window to contest the suspension.

If you’re managing crews or equipment like Mike, one night can ripple into jobsite access, insurance, and project timelines. Knowing the sequence helps you plan for work and family responsibilities.

Immediate steps after a Houston DWI: the first 72 hours

Acting early can protect your driver’s license and narrow the issues in your case. Here’s a simple roadmap tailored for someone balancing work and family demands.

1. Calendar the ALR deadline (15 days): If you were given a notice of suspension, you generally have 15 days from receipt to request an ALR hearing. For a how-to, here’s how to request your ALR hearing within 15 days, and this is the official DPS portal to request an ALR hearing (15‑day deadline).
2. Write down the details while fresh: Where you were, why you were stopped, weather, shoes, health issues, and anything said. Small details can explain “clues” officers recorded.
3. Secure any video or receipts: Credit card receipts, Uber logs, bar tabs, and surveillance clips can anchor timelines or show drinking patterns inconsistent with a high BAC at the time of driving.
4. Map your work requirements: If you drive a company truck, operate heavy equipment, or hold a CDL, note internal policies. Early planning can reduce job disruptions.
5. Ask questions before you make statements: You are not required to explain or justify the stop on your own. Consider speaking with a qualified Texas DWI lawyer about your specific facts before contacting insurers or supervisors.

Those steps are logistical, not legal advice. They preserve options and help whichever professional you consult evaluate your situation quickly.

Penalties and real-world consequences if you’re over the limit

Texas DWI penalties scale with your record, BAC, and whether a crash, child passenger, or injuries are involved. Harris County follows statewide ranges, with local policies that can affect bond conditions and ignition interlock requirements.

• License: An ALR suspension can be 90 days for a first test failure and 180 days for a refusal; longer if you have recent priors.
• Fines and state costs: Courts can assess fines, and Texas law imposes additional state fines (commonly $3,000 for a first conviction, higher for second or for 0.15+). Financial impact often includes higher insurance premiums.
• Jail and probation: A first DWI is typically a misdemeanor with potential jail time (often suspended for community supervision), classes, community service, and possibly interlock—especially with BAC ≥ 0.15.
• CDL and employment: CDL holders face stricter limits (0.04) and harsher licensing fallout even if the arrest was in a personal vehicle.
• Collateral costs: Towing, impound, time off work for court, rideshares, and child care add up. Many families feel the financial squeeze before the first court date.

For a deeper dive, this internal resource provides a clear overview of Texas DWI penalties and likely outcomes. It summarizes ranges but cannot predict any single person’s result.

How BAC, “per se,” and impairment fit together

Two paths can lead to a DWI conviction in Texas:

• Per se intoxication: The chemical test number is at or above the legal limit (0.08 or 0.04 CDL). The fight focuses on whether the test is admissible and reliable, and whether the number reflects your BAC at the time of driving.
• Loss of normal use: Even below 0.08, the State can prove intoxication through driving facts, FSTs, admissions, and other evidence. This is more subjective and often more defensible, depending on the quality of the evidence and any medical explanations.

Common misconception: “If I’m under 0.08, I can’t get a DWI.” Not true. Officers can arrest below 0.08 if impairment evidence exists, and prosecutors can proceed on a non-per-se theory. The per-se number just makes their job easier.

A quick Houston micro‑story: from panic to plan

On a Thursday night, Mike—a construction manager in Spring Branch—left a project celebration and was stopped for a wide right turn. He had two beers over two hours. The officer noted an alcohol odor and “sway,” then asked for FSTs. Mike wore steel-toe boots on a sloped shoulder and struggled on the walk-and-turn. A breath test read 0.09.

Mike received a license suspension notice and a court date. He documented the slope, boots, and work fatigue, then requested an ALR hearing within the 15-day window. Questions later surfaced about the machine’s maintenance logs and the 15-minute observation period before the breath test. Whether he ultimately wins or not, that early documentation and ALR request changed the leverage in his case.

For different readers with different priorities

Ryan Mitchell — The Analyst: quick data you can trust

• Limits: 0.08 BAC (adult non‑commercial), 0.04 BAC (CDL in CMV), any detectable (under 21 DUI by minor).
• ALR clock: 15 days from notice to request a hearing; typical ALR suspension for first failure is 90 days, refusal 180 days.
• Test types: Intoxilyzer breath or blood gas chromatography; both have admissibility and reliability rules.
• Case timeline: First setting often within 30–60 days; negotiated resolutions commonly take several months while discovery and video are reviewed.

Bottom line: earlier information yields better decisions about work schedules, interlock, and insurance planning.

Daniel/Sophia — Career‑Focused Professionals: discretion and license preservation

You may worry more about HR disclosures, company vehicles, and professional licensing than about court. Mapping an occupational license, arranging ignition interlock early when appropriate, and setting expectations with your supervisor can keep you on critical projects and off office gossip channels.

Chris/Marcus — High‑Net‑Worth/Most Aware: confidentiality and record strategy

Quiet handling matters. Depending on eligibility and case outcome, some first‑time DWI records may be sealed later via an order of nondisclosure. Timelines and criteria vary by facts such as crash involvement and BAC level. Strategic early choices about dispositions, interlock, and probation terms can preserve sealing options down the road.

Tyler Brooks — The Unaware Young Adult: a brief reality check

Under 21, “any detectable” alcohol can mean a DUI by a minor—plus you can still face adult DWI if intoxicated. Missing the 15‑day ALR window can leave you without a license for months, which affects school, work, and family rides. The costs add up fast: towing, classes, insurance hikes, and time away from shifts.

Administrative License Revocation (ALR): what to expect

ALR is a civil process separate from the criminal case. It only addresses the driver’s license based on refusal or test failure. In Harris County, hearings are typically handled by the State Office of Administrative Hearings (SOAH). The arresting officer’s affidavit and any test records are key exhibits.

• Why request an ALR hearing? To contest the suspension and, equally important, to obtain testimony and documents that preview the criminal case evidence.
• Possible outcomes: Suspension upheld, suspension set aside, or negotiated agreements such as agreeing to interlock while avoiding certain restrictions. Outcomes vary.
• If suspended: Many drivers pursue an occupational driver’s license to maintain essential travel (work, school, childcare). Requirements depend on your record and county practices.

Even if you think “the number is the number,” ALR can still matter for timing, work planning, and insurance.

Field sobriety tests and breath/blood testing: what really matters

Field sobriety tests (FSTs)

FSTs are designed to divide attention and reveal balance issues that alcohol can worsen. However, back problems, fatigue, footwear, a sloped shoulder, or flashing lights can all affect performance. Video and roadside conditions can contextualize “clues.”

Breath testing

Breath machines require calibration checks and a proper observation period. Mouth alcohol (from belching or recent drinking) can artificially elevate a reading if the waiting period is shortened. In court, maintenance logs and operator certifications may be explored.

Blood testing

Blood warrants must be supported by probable cause and properly signed. Lab analysis must follow chain-of-custody rules and validated methods. Delays between driving and the blood draw can raise “rising BAC” timing questions—were you at or above 0.08 when driving, or only later at the station?

CDL drivers in Houston: the 0.04 rule and career stakes

With a CDL, a reading of 0.04 or more while operating a commercial motor vehicle triggers the lower threshold. Even an off-duty arrest in a personal vehicle can ripple into your CDL status and employability. If you supervise crews or move heavy equipment, planning for jobsite access and alternative roles can limit downtime while the case is pending.

Under‑21 drivers: why “any detectable” is a big deal

Texas maintains a zero-tolerance approach for minors. A single drink can result in a DUI by a minor charge, administrative penalties, and court-ordered education. If a minor is actually intoxicated (by alcohol or drugs), adult DWI charges may also apply.

Common misconceptions to avoid

• Myth: “Under 0.08 means I’m safe.” Reality: You can still be arrested and prosecuted on an impairment theory.
• Myth: “Refusing the test protects me.” Reality: Refusal commonly leads to a longer ALR suspension than a failure and may lead to a blood warrant anyway.
• Myth: “Mouthwash or pennies fool the machine.” Reality: These tricks don’t work and may backfire by introducing mouth alcohol or appearing deceptive on video.
• Myth: “First DWIs disappear.” Reality: Some records may later be sealed by nondisclosure if eligibility criteria are met, but many consequences persist unless the case is dismissed or acquitted.

Process timeline in Harris County: from arrest to resolution

1. Arrest and release: You’re booked and released on bond or PR bond with conditions (no alcohol, possible interlock).
2. First court setting: Usually within a few weeks. You’ll receive charging documents and initial discovery requests are made.
3. Evidence review: Body cam, dash cam, breath/blood records, maintenance logs, and lab data are requested and analyzed.
4. ALR hearing: Typically within several weeks to a few months. Officer testimony can lock in details and expose weaknesses.
5. Negotiations and motions: Depending on the facts (stop validity, test issues), the defense may file suppression motions or pursue alternative resolutions.
6. Resolution: Dismissal, reduction, plea with terms, or trial. Each path carries distinct license and record consequences, so timing and preparation matter.

For someone running work crews, forecasting these stages helps you plan time off and keep projects on track.

Defensive angles that can matter even with a high BAC

• Reason for the stop: If the initial stop lacked reasonable suspicion, evidence may be suppressed.
• Observation period for breath tests: A shortened or distracted observation can contaminate results.
• Rising BAC: If the test occurred well after driving, your BAC at the wheel may have been lower than the recorded result.
• Medical explanations: Acid reflux, diabetes (ketones), neurological conditions, or injuries can mimic impairment “clues.”
• Warrant and lab compliance: Blood warrant defects, chain-of-custody breaks, or unvalidated methods can undermine reliability.

No single issue guarantees a result, but the combination can change negotiations or trial strategy. That’s why gathering facts in the first week is so important.

Why getting informed early matters

Our stance: Speed beats speculation. The sooner you secure your ALR rights, collect time-stamped records, and understand how the number (0.08/0.04/any detectable for minors) interacts with the evidence, the better your options—whether your goal is a shorter suspension, a defensible trial posture, or preserving future nondisclosure eligibility.

To verify the legal backbone behind the numbers, revisit the Texas statute text on DWI offenses and BAC limits. When you’re ready to understand potential outcomes, the internal guide above offers a clear overview of Texas DWI penalties and likely outcomes. For ALR timing and instructions, see both the Houston-focused how‑to and the official DPS portal to request an ALR hearing (15‑day deadline).

Top FAQs about blood alcohol level for DWI in Texas

What is the blood alcohol level for a DWI in Texas and Houston?

For adult non‑commercial drivers, it’s 0.08% BAC. For CDL drivers operating a commercial vehicle, it’s 0.04% BAC. For drivers under 21, any detectable alcohol can trigger a DUI by a minor, and minors can still face adult DWI if actually intoxicated.

Can I be arrested for DWI in Texas if I’m under 0.08?

Yes. Texas allows prosecution based on loss of normal mental or physical faculties due to alcohol or drugs, even if a chemical test is below 0.08. Video, driving behavior, and field tests often drive that decision.

How long will my Texas license be suspended after a test failure or refusal?

For most first‑time arrests, a test failure usually brings a proposed 90‑day suspension, and a refusal commonly brings 180 days. The ALR hearing is your chance to contest it; you generally have 15 days from notice to request that hearing.

Is a first DWI a felony in Houston, Texas?

Typically, a first DWI is a misdemeanor. It can become a felony with certain facts, like a third or subsequent DWI, a child passenger, or serious injury or death (intoxication assault or manslaughter).

Will a DWI stay on my record forever?

Many DWI records are long‑lasting. Some first‑time outcomes may later be eligible for an order of nondisclosure (record sealing) if legal criteria are met and there was no disqualifying factor. Dismissals and acquittals may open paths to expunction in some situations.

Closing guidance for Houston drivers: act within 15 days and get the facts

Texas DWI law revolves around clear numbers—0.08 for most adults, 0.04 for CDL, and “any detectable” for under 21—but outcomes turn on details: why you were stopped, how tests were handled, and what the evidence shows about you at the actual time of driving. Preserve your ability to drive by calendaring the ALR deadline, save documents that tie down the timeline, and get informed about options that fit your work and family needs.

This article is general information, not a substitute for legal advice. For guidance tailored to your facts, consider consulting a qualified Texas DWI lawyer.

Butler Law Firm - The Houston DWI Lawyer
11500 Northwest Fwy #400, Houston, TX 77092
https://www.thehoustondwilawyer.com/
+1 713-236-8744
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