Key points
A person 21 or over is legally intoxicated with a BAC of 0.08 or more.
Source: Handbook p. 55
“In Texas, a person, age 21 and over, is considered legally intoxicated if the person has a BAC of 0.08 or more.”
Texas Driver Handbook, Handbook p. 55Texas law does not allow any blood alcohol for minors.
Source: Handbook p. 55
“Texas law does not allow any amount of blood alcohol concentration (BAC) for minors.”
Texas Driver Handbook, Handbook p. 55An open container of alcohol in the passenger area is illegal whether the car is moving, stopped or parked.
Source: Handbook p. 56
“It is illegal to possess an open container of alcohol in a motor vehicle passenger area located on a public highway, regardless of whether the vehicle is being operated, stopped, or parked.”
Texas Driver Handbook, Handbook p. 56An open container conviction is punishable by a fine of up to $500.
Source: Handbook p. 56
“Conviction of this offense is punishable by a fine not to exceed $500.”
Texas Driver Handbook, Handbook p. 56Refusing a breath or blood test means a 180 day suspension, or up to 730 days for later offenses.
Source: Handbook p. 58
“A person who refuses to give a blood or breath specimen for analysis will have their driver license suspended for 180 days or up to 730 days for subsequent offenses.”
Texas Driver Handbook, Handbook p. 58A test showing 0.08 or greater can mean a 90 day suspension, or up to 365 days for later offenses.
Source: Handbook p. 58
“If a person submits to a blood or breath specimen and the results show a BAC of 0.08 or greater, their driver license may be suspended for 90 days or up to 365 days for subsequent offenses.”
Texas Driver Handbook, Handbook p. 58One drink means a 12 ounce beer, a drink with 1.5 ounces of liquor or a 5 ounce glass of wine. They hold about the same alcohol.
Source: Handbook p. 58
“A drink may include a 12 ounce can of beer, a mixed drink with 1.5 ounces of liquor or a 5 ounce glass of wine. They all contain approximately the same amount of alcohol.”
Texas Driver Handbook, Handbook p. 58Any drug, including over-the-counter and prescription medicine, may affect your ability to drive.
Source: Handbook p. 55
“Any drug may affect a person’s ability to drive. Millions of people take over the counter and prescription medications, illegal drugs, or drink alcohol and do not realize they may affect”
Texas Driver Handbook, Handbook p. 55
Numbers to know
| Number | What it means | Manual |
|---|---|---|
| 0.08 | BAC at which a driver 21 or over is intoxicated | Handbook p. 55 |
| 21 | age for the 0.08 limit | Handbook p. 55 |
| $500 | maximum open container fine | Handbook p. 56 |
| 180 days | suspension for a first refusal | Handbook p. 58 |
| 730 days | suspension for later refusals | Handbook p. 58 |
| 90 days | suspension for a failed test | Handbook p. 58 |
| 365 days | suspension for a later failed test | Handbook p. 58 |
| 12 ounces | beer in one drink | Handbook p. 58 |
| 1.5 ounces | liquor in one drink | Handbook p. 58 |
| 5 ounces | wine in one drink | Handbook p. 58 |
3 questions from the Texas practice test
1. An adult Texas driver arrested for DWI refuses to give a breath or blood specimen for the first time. How long is the license suspended?
- A 30 day suspension
- A 90 day suspension
- A 180 day suspension
- No suspension without a conviction
Show answer
A 180 day suspension. Refusing a breath or blood specimen in Texas brings a 180 day suspension, and up to 730 days for later refusals. Ninety days is the first offense suspension for a driver who takes the test and shows 0.08 or more, so refusing carries the longer penalty. Thirty days is not the refusal period. The suspension is administrative under implied consent, so it does not wait for a criminal conviction. A $125 reinstatement fee applies to these Administrative License Revocation suspensions.
2. After a breath or blood specimen shows a BAC of 0.08 or greater, what suspension period may apply for a first offense?
- 30 days
- 90 days
- 180 days
- Two years
Show answer
90 days. When a breath or blood specimen shows a BAC of 0.08 or greater, the handbook says a driver license may be suspended for 90 days for the first offense, with longer periods for subsequent offenses. The 30-day and 180-day choices belong to other penalty settings, while two years is not the first-offense period described here. Connect the 0.08 threshold to the adult DWI suspension table, then distinguish the first offense from later violations.
3. Under Texas law, what level of alcohol brings an administrative license suspension for a driver under 21?
- 0.04 or more
- 0.08 or more
- Any detectable amount of alcohol
- 0.02 or more
Show answer
Any detectable amount of alcohol. Under the Texas Administrative License Revocation law, DPS may suspend the license of a driver over 21 whose breath or blood test shows 0.08 or more, of any person who refuses a breath or blood test, and of a driver under 21 for any detectable amount of alcohol. For a minor the handbook names no numeric threshold at all; any detectable amount is enough. Refusal itself triggers a suspension, so a driver cannot avoid consequences by declining the test.
Practice this topic
Lock it in with alcohol and dui questions from the free Texas practice test. Every answer comes with a plain English explanation.
Source: the Texas Driver Handbook, Chapter 10: Alcohol and Drugs Impact on the Driving Ability. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.