Legal Alcohol Limits in Texas for Drivers 21 or Older
Texas law (TX Penal Code Sec. 49) describes intoxication as losing normal faculties after using alcohol, another substance, or a combination of substances.
A person is intoxicated when their blood alcohol concentration (BAC) reaches 0.08% or more.
At this point, an individual 21 years or older commits an offense when operating a motor vehicle or watercraft.
Texas Alcohol Limits for Minor Drivers
The adoption of a zero-tolerance law in Texas for minors makes it illegal for anyone under 21 to operate a motor vehicle or watercraft with any detectable amount of alcohol in their system.
The BAC that applies to adults does not apply to minors, resulting in a criminal offense. For minors, there is no legal alcohol limit.
Commercial Drivers and Legal Alcohol Limits
Drivers with a commercial license have reduced legal alcohol limits compared to other drivers. The language of Texas Trans. Code §522.101 prohibits commercial drivers from having any measurable or detectible alcohol in their systems while operating a commercial vehicle.
A commercial driver who violates this code is placed out of service for 24 hours, while a BAC at or above 0.04% may result in charges for driving while intoxicated (DWI).
The Federal Motor Carrier Safety Administration (FMCSA) sets the rules for commercial truck drivers. These rules strictly prohibit drivers from using alcohol or having any alcohol in their system while working.
Drivers are also not allowed to drink alcohol in the four hours before their shift starts. This is true whether they are driving a large commercial truck or their own personal car. The rules apply to both.
Dram Shop Laws and Legal Alcohol Limits
Texas may also hold businesses accountable for irresponsibly serving drivers, even those of legal age, who cause an accident. Texas laws of civil liabilities for serving beverages allow drunk driving accident survivors to file a civil action against a business that knowingly serves alcohol to a visibly intoxicated individual.
Businesses are responsible for identifying intoxicated individuals who present a clear danger to themselves or others.
In cases of business liability, your attorney will strive to secure vital evidence of a business’s responsibility to you for damages before it is destroyed or erased. Evidence may include:
Receipts accounting for the alcohol purchases of a driver
Witness statements confirming the drunk driver’s intoxication before leaving the business and the level of consumption
Security videos providing visual documentation of a driver’s behavior after consuming alcohol and before choosing to drive
Breathalyzer results or blood alcohol tests can contribute to the evidence of intoxication. Most of this evidence is unavailable to you as an individual plaintiff. However, an attorney can file an action to preserve and subpoena the information supporting your claim.
Social Hosts and Legal Alcohol Limits
The Texas Alcoholic Beverage Code also includes statutes applying to social hosts and alcohol, particularly when the host of a social event is 21 or older and provides alcohol to a minor who drinks and drives.
Drunk driving accident survivors have the right to file a civil action against the minor driver as well as the social host serving alcohol.
The law provides specific instructions about civil actions in cases of social hosts providing alcohol to minor drivers and operating a vehicle under the influence of alcohol.
Texas Alcohol Legal Limits and Compensation for Drunk Driving Damages
Civil actions for drunk driving cases that go to court may allow the awarding of punitive damages in addition to the compensatory damages you may receive. Awarding punitive damages allows the court to set an example of and punish a driver’s behavior. A jury may award exemplary damages when a drunk driver willingly chooses to operate a vehicle and causes your damages.
Compensatory damages consist of economic and non-economic damages to you and may be comprised of the following:
Property damage expenses
All current and future medical costs
Lost wages
Out-of-pocket expenses
Pain and suffering
Disfigurement or amputation
Loss of enjoyment of life
Evidence in a Texas Alcohol-Related or Drunk Driving Case
You will be responsible for demonstrating that a driver’s actions caused your injuries. Evidence in a drunk driving case in Texas may include:
Test results indicating the driver’s blood alcohol content (BAC)
Photos from the scene of the accident and documenting your injuries
Your safety and medical care are primary after a drunk driving accident. Drivers operating a vehicle after consuming alcohol above the legal limits may act erratic, even becoming aggressive. Allowing law enforcement and your legal representative to collect evidence may protect you from further injuries and prevent complications from injuries sustained in an accident.
Time Limits on Filing a Claim for Damages in a Drunk Driving Accident in Texas
The Texas statute of limitations for filing a personal injury or wrongful death lawsuit is generally two years from the date of the incident.
ABOUT THE AUTHOR
ATTORNEY SCOTT C. KRIST
Scott Krist is a skilled Houston personal injury lawyer with 32+ years of experience. He has won some of the largest recoveries in the state of Texas for his clients, and earned numerous honors and awards recognizing his skill as an attorney.
