Texas Alcohol

DUI/DWI - 0.08% BAC Limit

Texas: BAC 0.08% = DUI. Enhanced penalties for 0.15%+. Zero tolerance for under 21.

DUI/DWI LAWS

BAC LIMITS
• Standard: 0.08% (all states)
• Commercial drivers: 0.04%
• Under 21: 0.00-0.02% (zero tolerance)

ENHANCED PENALTIES (HIGH BAC)
Most states increase penalties at 0.15% or higher:
• Mandatory jail time
• Longer license suspension
• Ignition interlock required
• Higher fines

FIRST OFFENSE PENALTIES (TYPICAL)
• License suspension: 90 days - 1 year
• Fines: $500 - $2,500
• Possible jail: 0 - 6 months
• DUI classes required
• Insurance increase

IMPLIED CONSENT
By driving, you consent to BAC testing:
• Refusing test = automatic license suspension
• Refusal may be used against you in court
• Some states allow forced blood draws with warrant

FIELD SOBRIETY TESTS
You may refuse roadside tests in most states:
• Walk and turn
• One-leg stand
• Horizontal gaze nystagmus
• But refusing may lead to arrest anyway

IF STOPPED
1. Pull over safely
2. Stay in vehicle, hands visible
3. Be polite and cooperative
4. You can decline field sobriety tests
5. Chemical test refusal has consequences
6. Request attorney if arrested

Dry Counties - 7 Areas

Texas: 7 fully dry counties, ~60 partially dry. Alcohol sales prohibited in certain counties.

DRY COUNTIES & LOCAL OPTION

TEXAS DRY AREAS
Dry Counties: 7
7 fully dry counties, ~60 partially dry

WHAT "DRY" MEANS
• Dry: No alcohol sales of any kind
• Moist/Damp: Limited sales (restaurants, certain stores)
• Wet: Normal alcohol sales permitted

PRACTICAL IMPACT
• Cannot buy alcohol in dry county
• Restaurants may not serve alcohol
• Must travel to wet county to purchase
• Possession usually legal even in dry county

FINDING OUT IF AREA IS DRY
• Check county website
• Ask locals/hotel staff
• Look for absence of liquor stores
• Use ABC/liquor control lookup tools

SUNDAY SALES
Even in wet areas, Sunday sales may be restricted:
• Liquor stores may be closed
• Limited hours for beer/wine
• Restaurants may serve but stores closed

PRIVATE CLUBS
Some dry areas allow "private clubs":
• Pay small membership fee
• Can then purchase/consume on premises
• Common workaround in dry areas

Open Container Laws

Texas: Sealed containers in trunk or locked compartment. Driver: prohibited. NO open containers allowed.

OPEN CONTAINER LAWS

TEXAS RULES
Driver: PROHIBITED
Passengers: PROHIBITED
Sealed containers in trunk or locked compartment

WHAT THIS MEANS
No open containers of alcohol allowed anywhere in the vehicle cabin. Store in trunk or locked compartment.

DEFINITION OF "OPEN CONTAINER"
• Any container with a broken seal
• Any container with contents partially removed
• Includes cups, glasses, flasks
• Original packaging with cap removed

WHERE TO STORE
Store all opened containers in:

• Trunk
• Locked glove compartment
• Behind last upright seat (SUV/van)
• Original bag, sealed

PENALTIES
Open container violations typically result in:
• Fine: $50-$500
• Points on license (some states)
• No jail for simple violation
• Higher penalties if DUI involved

RV/MOTORHOME EXCEPTION
Some states exempt living quarters of RV:
• Passengers in living area (not driver/passenger seats) may drink
• Check state-specific RV exceptions

Texas Alcohol Laws

Texas allows alcohol in state parks. Has wet/dry counties. Open container illegal. Passengers cannot drink.

Texas has complex local option - wet, dry, and partially wet counties. Beer/wine in grocery stores; liquor in dedicated stores (closed Sundays). STATE PARKS: Alcohol allowed in designated areas - no glass at swimming areas. OPEN CONTAINER: Prohibited for all vehicle occupants. DUI: 0.08% BAC, called DWI. Texas Penal Code §49.04, Alcoholic Beverage Code.