There are many laws in Texas regarding the sale, possession, and consumption of alcoholic
beverages. The following information is intended to give you an overview of all of the Texas
alcohol laws, though the laws may differ from jurisdiction to jurisdiction.
The legal age to consume alcohol in Texas, as in all 50 states, is 21 years old. However, the legal
age to work in an environment where alcohol is sold or handled is 18 years old. This includes
serving alcohol in a restaurant.
The laws regarding alcohol sales are strictly enforced by local ordinances. In general, only
private retail stores are allowed to sell liquor, while convenience stores and supermarkets are
permitted to sell beer and wine. Alcohol sales are prohibited on Sundays, with the exception of
restaurants that serve alcohol in conjunction with food sales from 10 a.m. until noon. Bars and
restaurants are permitted to sell alcohol from 10 a.m. to 2 a.m., Monday through Saturday.
Texas’s Open Container laws state that all opened containers of alcohol must be transported in the trunk of a vehicle so that the driver and passengers do not have access to it.
In Texas, you may be charged with “per se” intoxication if you are caught operating a motor vehicle with a BAC (blood alcohol content) of 0.08 percent. Even if your driving was not impaired due to alcohol, having a BAC over this limit is enough evidence to secure a DWI conviction.
If your BAC is 0.15 percent or higher, you may face more penalties for having an enhanced BAC.
Drivers under the age of 21 can be charged with DWI for having any alcohol in their system.
Texas also has Implied Consent laws. This means that if a driver is pulled over on suspicion of
DWI, he or she must take a breath, blood, or urine test if asked as a condition of receiving his or
her driver’s license. Failure to do so will result in a one-year driver’s license suspension.
The Texas Department of Motor Vehicles will revoke a driver’s license for 90 days for the first DWI offense and 180 days for the second and third offense.
Tags:Alcohol Laws | Breath Test Refusal | First Offense | Walk and Turn Test | One Leg Stand Test Horizontal Gaze Nystagmus | Free DWI Case Evaluation | Other Dedicated DWI Attorneys |
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