What Blood Alcohol Level Is a DUI in Texas for Adult Drivers?

In Texas, the adult legal limit is 0.08 percent blood alcohol concentration, so a BAC of 0.08 or higher is a per se DWI for drivers age 21 and up. You can also be charged below 0.08 if alcohol or drugs caused you to lose the normal use of your mental or physical faculties, and penalties often increase as BAC rises. This guide explains what number triggers a DWI, how punishments scale by BAC, and what to do next if you were arrested in Houston or nearby counties.

What number is a DWI in Texas?

The short answer, and the one you are probably searching for on your phone, is 0.08 percent. If your alcohol concentration is 0.08 or more, Texas law treats that as intoxicated for adult drivers. That is the per se threshold. Separately, the law also defines intoxication as losing the normal use of your mental or physical faculties because of alcohol, a controlled substance, a drug, or any combination. In other words, officers can allege intoxication even if the chemical test reads under 0.08 if they believe your driving or field sobriety performance shows impairment.

These rules come from the Texas intoxication statutes. If you want to see the official language that courts use statewide, review Texas Penal Code Chapter 49 for DWI statutes.

If you are an adult driver in Houston, the same 0.08 limit applies in Harris County, Montgomery County, Fort Bend County, and every other Texas county. Officers, prosecutors, and judges follow state law. Local policies and court practices can affect bond conditions, ignition interlock requirements, and program options, but the legal limit does not change by county.

Quick check by age:

• Adults 21 and older: 0.08 percent is the per se limit. This is the Houston TX DUI blood alcohol limit for adults in practice statewide.
• Under 21: Texas has zero tolerance for DUI by a minor. Even a detectable amount can trigger a different charge for drivers under age 21. This article focuses on adults, but it helps to know the Texas drunk driving limit by age.
• Commercial drivers: 0.04 while operating a commercial motor vehicle. CDL holders face additional license consequences.

A quick Houston story to make this real

Mike, a construction manager in his mid 30s, gets pulled over on I 10 after a crew dinner. He blows 0.11 on the breath test. His first thought is not legal theory. It is whether he will lose his license, how he will get to the jobsite by 6 a.m., and whether his company will find out. You may feel the same way. The sections below show what that number means, what the likely penalties look like at different BAC levels, and what to do this week to protect your license and your job.

Typical penalties by BAC range in Texas

Penalties depend on your BAC, your record, and case facts. The table below focuses on first offense adult DWIs to give you a grounded starting point. Local courts in Houston often add conditions like ignition interlock or alcohol education. For a plain language walkthrough, you can read an overview of Texas DWI penalties by blood alcohol level and a detailed summary of BAC levels and penalties.

BAC range or factor	Charge level	Jail range	Fine range	License impact	Notes you should know
0.08 to 0.149	Class B misdemeanor	3 to 180 days possible	Up to $2,000	ALR suspension 90 days to 1 year possible if you refused or failed, plus court ordered suspension on conviction	Minimum 72 hours in jail by statute, though many first offenders receive probation if eligible.
0.15 or more	Class A misdemeanor	Up to 1 year possible	Up to $4,000	Similar ALR exposure, and courts commonly require ignition interlock while the case is pending or as a condition of probation	This is the level where judges often increase conditions because high BAC suggests higher risk.
Open container with DWI	Class B, enhanced minimum	At least 6 days minimum	Up to $2,000	ALR as above	Open container adds a mandatory minimum even for a first offense.
Prior DWI conviction	Often Class A for second	30 days to 1 year possible for second	Up to $4,000 for second	Longer suspension periods and longer interlock requirements common	Third or more can be a felony with prison range.
Refused breath or blood test	Refusal is not a separate crime	N A	N A	ALR refusal suspension typically 180 days for first time	Refusal can be used at trial as evidence and often triggers a longer ALR suspension than a failure.

On conviction, Texas also adds mandatory state fines that run into the thousands of dollars. Court costs, supervision fees, classes, towing, and insurance increases add more. The practical cost of a first DWI often lands in the five figures when you add everything up, even if you never spend a day in jail.

Key point for you: Texas DWI BAC 0.08 for adults is the legal per se number, but prosecutors still must prove their case. Your BAC reading is a starting point, not the ending point.

Immediate actions in Houston, including the ALR 15 day rule

Two tracks start the moment you are arrested. The criminal case moves through a Harris County court, and a separate civil process threatens your driver license through the Administrative License Revocation program. The ALR piece has the shortest deadline, which is why many people lose their license before they ever see a judge.

• Act within 15 days. If you received a notice of suspension at the station, you generally have 15 days from that date to request an ALR hearing. Miss it and the suspension usually kicks in on the 40th day after the notice.
• Blood draw case nuance. If your sample was sent to a lab and you did not get an immediate failure notice, DPS may mail a notice later. That mailed notice can carry a different timeline that is often 20 days from the mailing date. Check the letter and act fast.
• How to request your hearing. Many people file online. The official portal is here if you want to start the process today, see Request an ALR hearing on the Texas DPS website. For a step by step walkthrough focused on protecting your ability to drive, read how and why to file in Texas using this resource on how to request an ALR hearing and preserve your license.
• Gather time sensitive evidence. Save your receipts, locate any bar tabs, and write a short timeline of your evening while it is still fresh. Video from nearby businesses and home cameras often auto delete within days.
• Plan for work transportation. If your license faces suspension, talk early about an occupational license option. In Houston, people who must report to a jobsite before sunrise often need customized travel hours approved by the court.

Even if you are overwhelmed, mark the ALR request deadline on your calendar tonight. A hearing request freezes the automatic suspension until the hearing is decided, which buys you time to keep working and to evaluate defenses.

Common defenses and why your BAC is not the whole story

If you are Mike the construction manager, it can feel like the machine number seals your fate. It does not. Texas law requires the state to prove every element, including that the stop was lawful, the officer followed training during field tests, your sample was collected and stored correctly, and the device used was working and properly maintained. Juries also learn about uncertainty and measurement error when the evidence supports it.

• Traffic stop and detention. If the stop was illegal, the evidence that followed can be suppressed. That can include field sobriety tests, statements, and the breath or blood result.
• Field sobriety testing. Officers must follow standardized procedures. Video often shows deviations that undermine reliability.
• Breath test issues. Mouth alcohol, GERD, dental work, and radio frequency interference can lead to inflated readings. Maintenance and calibration records matter.
• Blood test issues. Improper swabbing, fermentation in the tube, wrong anticoagulant preservatives, and chain of custody problems can change the number. Contamination can push a 0.07 to a 0.09, which is the difference between not guilty and per se intoxication.
• Timing and retrograde extrapolation. If the sample was drawn long after driving, experts may disagree about whether your BAC was rising or falling at the time you were behind the wheel.

Many of these defenses require quick action to secure records and video. That is another reason the first week matters if you want the best outcome.

Solution-Seeking Ryan: technical sidebar on BAC thresholds and test reliability

Texas defines alcohol concentration in more than one way. The statute allows proof by grams of alcohol per 210 liters of breath, per 100 milliliters of blood, or per 67 milliliters of urine. That is why your paperwork may show 0.11 g 210L instead of a raw percentage. Laboratory uncertainty and method validation affect any reported number. A solid defense asks for maintenance logs, operator certifications, gas chromatograph validation data, analyst notes, and chain of custody. It also looks at when the sample was taken compared with the time you were actually driving.

For a deeper dive into collection, storage, and analysis details many people overlook, see this explainer on how Texas measures BAC and test reliability. That piece walks through common lab issues and how they show up in real case files.

Work, license, and professional concerns

You might be worried less about a fine and more about your job. In Houston, many employers run periodic driving record checks, especially in construction, energy, logistics, and healthcare. If your license is suspended after an ALR loss, an occupational license can keep you driving for work if you qualify. Courts often require SR 22 insurance and an interlock or other conditions depending on BAC and record.

Careful Professional Elena: if you hold a professional license, your board may have specific self reporting rules. Nurses, engineers, teachers, and many other licensees should review their board’s ethics and reporting requirements. The safest path is to read your board rules and talk with a qualified Texas DWI lawyer about timing and what to disclose. A short delay or the wrong wording can affect credential renewals.

Costs in the real world

Money is a practical concern for almost everyone who faces a DWI. Even a first offense can become expensive when you add every piece together. Here are common categories people in Houston report paying, though the total varies widely by case and by BAC.

• Towing and impound: often $200 to $400.
• Bond and bond fees: varies by county and record.
• Court fines and costs: Class B and Class A fine ranges are listed above. Court costs add to the total.
• State fines assessed at conviction: these mandatory fines start in the thousands of dollars and rise with BAC and prior history.
• Ignition interlock, alcohol monitoring, and classes: monthly device fees, class tuition, and time off work.
• Insurance impact: higher premiums for several years.

Cost-Conscious Jason Sophia: people often ask for a single total. In practice, a first offense can range from several thousand dollars to well over ten thousand once you add every cost, especially if ignition interlock and increased insurance apply. Planning early helps you control some of these expenses.

Misconceptions that cause avoidable trouble

• Myth: Under 0.08 means you cannot be charged. Reality: you can be charged and convicted based on loss of normal use even if the test reads 0.07.
• Myth: A first DWI is no big deal. Reality: it can affect your license, your job, and your record for years. High BAC cases can be enhanced and carry steeper penalties.
• Myth: Refusing the test avoids all consequences. Reality: refusal usually triggers a longer ALR suspension, and the refusal can be used as evidence at trial.

What the Houston process looks like after a DWI arrest

Timelines vary, but most Harris County DWI cases take several months from first court date to resolution. Here is a general roadmap so you know what to expect while you juggle work and family schedules.

1. Release and paperwork: after booking, you receive citations and a notice related to ALR. Put the dates in your calendar the same day.
2. First setting or arraignment: the court explains the charge and conditions of bond, such as interlock if your BAC was 0.15 or higher.
3. Discovery and investigation: your defense team reviews videos, test records, and reports. They request maintenance and lab data and may interview witnesses. This is where many test related defenses are found.
4. ALR hearing: scheduled separately. Win or lose here, you learn valuable information about the stop and testing that often helps the criminal case.
5. Motions and negotiations: suppression motions can exclude evidence if rights were violated. Negotiations consider the BAC number, driving facts, your record, and any lab or procedure problems.
6. Trial or resolution: if the case does not resolve, a judge or jury decides whether the state met its burden beyond a reasonable doubt.

Throughout the process, keep copies of your pay stubs, work schedule, and any hardship details that show why you need to drive. Judges often consider these when setting conditions or approving an occupational license.

Top FAQs about what blood alcohol level is a DUI in Texas

What blood alcohol level is a DUI in Texas for adults?

The per se limit is 0.08 percent for drivers age 21 and older. You can also be charged below 0.08 if alcohol or drugs caused loss of normal use of your mental or physical faculties. The 0.08 number is the statewide standard used in Houston courts.

Does a higher BAC lead to tougher penalties in Houston?

Yes. A BAC of 0.15 or more is charged as a Class A misdemeanor rather than Class B for a first offense. That raises the maximum jail exposure to one year and the maximum fine to $4,000, and courts often impose stricter bond or probation conditions.

How long will my Texas driver license be suspended after a DWI arrest?

If you fail a breath or blood test, the ALR suspension can be 90 days or longer for a first arrest. If you refuse, the ALR suspension is typically 180 days for a first arrest. If DPS mails a notice after a blood test, your deadline to request a hearing can be different, so read the letter carefully.

Is a first DWI in Texas a misdemeanor or a felony?

Most first DWI cases are misdemeanors. Felony charges can apply for a third or more DWI, or if there is an injury or death allegation such as intoxication assault or intoxication manslaughter.

How long does a Texas DWI stay on my record?

Texas does not automatically remove DWI convictions from your record. Some cases qualify for record sealing or nondisclosure under specific conditions. Ask a qualified Texas DWI lawyer if your facts fit one of those paths.

What is the BAC limit for CDL holders in Texas?

While operating a commercial motor vehicle, the limit is 0.04. CDL holders face extra license consequences and employment problems even if the arrest happens in a personal vehicle. A single incident can affect route assignments and insurance eligibility.

Why acting early matters if you were arrested in Houston

Quick action preserves your ability to drive, protects evidence, and opens more options in court. Missing the ALR hearing request deadline can cost you your license before your first court setting. Waiting to request videos and lab data can mean critical records are harder to get or are overwritten.

Unaware Tyler: here is your short checklist. It takes less than 15 minutes to start and it can save your license.

• Request your ALR hearing immediately. Use the online DPS portal or file by mail before the deadline on your notice.
• Preserve evidence. Save receipts, locate any camera footage, and write a timeline today.
• Do not discuss details with police or anyone else without qualified legal guidance. Your words can be used against you.
• Ask about an occupational license if you have to drive for work or family obligations.
• Mark your first court date and plan transportation so you never miss a setting.

Watch next: If the number on your ticket is scaring you, this short explainer shows how Texas blood tests work and why a reported BAC is not the final word.

Butler Law Firm - The Houston DWI Lawyer
11500 Northwest Fwy #400, Houston, TX 77092
https://www.thehoustondwilawyer.com/
+1 713-236-8744
RGFH+6F Central Northwest, Houston, TX
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