A Guide to Texas Legal Alcohol Limits

A driver can irreparably wreck your life by choosing to operate a motor vehicle while under the influence of alcohol. Drivers who drink and cause you injuries may face legal obligations to compensate you for your damages. Preserving evidence in an alcohol-related accident is vital to your recovery.

State and federal laws apply to the legal alcohol limit and operating a vehicle. Contact a Houston drunk driving accident lawyer at The Krist Law Firm, P.C., if an alcohol-related or drunk driving accident is impacting your life. Below, we present a guide to Texas legal alcohol limits in Texas and their implications.

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) forbids the use of or the influence of alcohol or a measurable BAC while operating a commercial motor vehicle. Additionally, commercial drivers have a four-hour window before going on duty, and operating a commercial motor vehicle while consuming alcohol or being under the influence of alcohol is forbidden. These laws can impact a commercial driver operating a commercial or personal vehicle (POV).

Texas Legal Alcohol Limits and Liability in Alcohol-Related Accidents

Apart from criminal liability, a drunk driver may face civil liability resulting from negligence in an alcohol-related or drunk-driving accident. Driving a vehicle with a BAC above Texas’s legal limits may offer proof that a driver’s actions are negligent.

A Houston drunk driving accident attorney may also be able to prove that any presence of alcohol in the driver’s system reduced the mental and physical faculties of the driver, contributing to the accident causing you injuries.

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. Fortunately, your car accident lawyer 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

A Houston drunk driving accident lawyer with our firm will strive to maximize your recovery potential.

Possible Evidence in a Texas Alcohol-Related or Drunk Driving Case

You will be responsible for demonstrating that a driver’s actions caused your injuries. Experienced legal advocacy is vital in securing the documentation for your case. Evidence in a drunk driving case in Texas may include:

• Test results indicating the driver’s blood alcohol content (BAC)
• Statements from witnesses to the accident
• Medical documentation of your injuries
• Police crash report
• Video or dashcam footage
• 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

Speak with a member of The Krist Law Firm, P.C., as soon as possible to protect your claim or discuss a loved one’s death caused by a driver operating a vehicle while intoxicated above the Texas legal limits or under the influence of alcohol. The Texas statute of limitations for filing a personal injury or wrongful death lawsuit is generally two years from the date of the incident. However, exceptions may apply and impact your time when filing a claim.

Discuss Your Injuries From an Alcohol-Related Accident in Texas

A driver in Texas choosing to operate a vehicle under the influence of alcohol may be liable for injuries in an accident. Even when blood alcohol content does not exceed legal limits, alcohol may impair the ability to drive safely and make critical decisions. Businesses and social hosts may also be liable for your damages.

Contact The Krist Law Firm, P.C., to schedule a free consultation with a Houston drunk driving accident lawyer. Your best interests and financial recovery are our priority.