DUI in Texas
State-specific overview · Criminal Law
Texas defines DUI at 0.08% BAC but also prosecutes impairment at any detectable level of drugs or alcohol.
How Texas treats DUI
Texas Penal Code § 49.01 allows prosecution for DUI with 0.08% BAC or higher, but also permits conviction based on impairment from any amount of alcohol or drugs. Texas courts recognize 'DWI' (Driving While Intoxicated) as the formal charge, which encompasses both alcohol and drug impairment. Penalties escalate significantly with prior convictions, and Texas allows enhanced charges for high BAC levels (0.15% or higher).
The general definition of DUI
Driving under the influence of alcohol or drugs, a serious criminal offense.
DUI stands for Driving Under the Influence and means operating a vehicle while impaired by alcohol, drugs, or both. You can be charged with DUI even if your blood alcohol level is below the legal limit if your driving is noticeably impaired. Penalties vary by jurisdiction and whether it's a first or repeat offense, but typically include fines, license suspension, jail time, and mandatory alcohol education programs. A DUI conviction has lasting effects on insurance rates, employment, and your driving record.
Read the full DUI entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Texas.