The legal limit for alcohol in Texas is a blood or breath alcohol concentration (BAC) of 0.08 for most adult drivers. Commercial drivers face a lower 0.04 limit, and drivers under 21 can be charged for any detectable amount of alcohol. Texas law also says a driver is intoxicated below 0.08 if alcohol has taken away the normal use of their mental or physical faculties. If a drunk driver hit you or someone you love, those rules shape both the criminal case and your car accident claim.
This guide explains each limit in plain English, what Texas crash data shows about drunk driving, and how a DWI arrest can support a civil injury claim. It also covers when a bar or restaurant that overserved the driver can share the blame.
Please keep in mind that this article is general information, not legal advice. Every crash has its own facts, and the best way to understand your options is to talk with a lawyer about your situation.
Under Texas Penal Code Section 49.01, a person is intoxicated in either of two ways. The first is having an alcohol concentration of 0.08 or more. The second is not having the normal use of mental or physical faculties because of alcohol, a controlled substance, a drug, or a combination of these.
That second definition matters. A driver who blows a 0.06 but is weaving across lanes, slurring words, and failing field sobriety tests can still be arrested and convicted of driving while intoxicated (DWI). There is no BAC number that makes drinking and driving automatically safe or legal in Texas.
Drunk driving remains one of the deadliest problems on Texas roads. According to TxDOT's 2025 crash facts, 906 people were killed in crashes involving a driver under the influence of alcohol in 2025. That was about 24 percent of all 3,769 traffic deaths in the state that year.
TxDOT's 2025 data also counts 809 fatal crashes and 1,547 suspected serious injury crashes involving alcohol impairment, with more than 13,000 people injured. Behind each of those numbers is a family dealing with medical bills, lost income, and grief they never expected.
A DWI arrest starts a criminal case brought by the State of Texas. Its purpose is to punish the driver. Your injury claim is a separate civil case, and its purpose is to pay you for the harm you suffered. The two cases run on different tracks, but they often share the same evidence.
Breath or blood test results, the officer's observations, field sobriety test results, dashcam or bodycam video, and witness statements can all help prove the other driver was careless. A guilty plea or conviction can be strong evidence of fault. Even if the criminal case is dropped or reduced, you can still pursue a civil claim, because civil cases use a lower burden of proof.
It helps to get a copy of the crash report early. Our guide on how to file a police report explains how to request one in Texas.
Victims of drunk drivers can seek compensation for medical expenses, future care, lost wages, reduced earning capacity, property damage, pain and suffering, and mental anguish. When a crash causes a death, certain family members may bring a wrongful death claim under Chapter 71 of the Civil Practice and Remedies Code.
Drunk driving can also support punitive damages, which Texas calls exemplary damages. These require clear and convincing proof of gross negligence or malice. Texas normally caps exemplary damages, but Civil Practice and Remedies Code Section 41.008(c) removes the cap when the claim is based on conduct described as felony intoxication assault or intoxication manslaughter.
In some cases, the business that served the drunk driver can share responsibility. Under Texas Alcoholic Beverage Code Section 2.02, a licensed alcohol provider can be held liable when two things are proven:
1. At the time the alcohol was sold or served, it was apparent to the provider that the customer was obviously intoxicated to the point of being a clear danger to themselves and others.
. The customer's intoxication was a proximate cause of the injuries or death.
Proof often comes from receipts, tab records, surveillance video, and witnesses who saw how much the driver drank and how they behaved. Bars may raise a defense under Section 106.14 if they required staff to attend approved seller training, the employee attended, and the employer did not encourage the illegal sale. Section 2.02 also allows a claim against an adult 21 or older who knowingly provided alcohol to a minor under 18, with exceptions for parents, guardians, and spouses.
The steps you take in the hours and days after a crash can protect both your health and your claim.
• Call 911 and tell the dispatcher you suspect the other driver is impaired so officers can test them.
• Get medical care right away, even if you feel fine. Some injuries take hours or days to show symptoms.
• Photograph the vehicles, the scene, and any open containers you can see, if it is safe to do so.
• Collect names and phone numbers of witnesses, especially anyone who saw the driver before the crash.
• Write down where the driver said they had been drinking, since that may point to a dram shop claim.
• Avoid giving a recorded statement to the other driver's insurer before you talk with a lawyer.
Time limits apply. Most Texas personal injury claims must be filed within two years under Civil Practice and Remedies Code Section 16.003. Texas also follows a modified comparative fault rule, so your recovery can be reduced by your share of fault and barred if you are found more than 50 percent responsible.
The Daspit Law Firm has more than 50 attorneys and has recovered over $500 million for clients. We work on a contingency fee, so you pay no legal fees unless we win. If you are recovering from serious injuries, we can meet you at home or in the hospital. Our lawyers know how to gather BAC results, police video, and bar records, and how to pursue every available source of recovery from insurance, including uninsured and underinsured motorist coverage.
Founder John Daspit began his career at Fulbright & Jaworski and also worked in insurance defense, so our team understands how insurers evaluate these claims. With our main office in Houston and offices across Texas, we are close to the families we serve.
A drunk driving crash is never just an accident. It is a choice someone else made that changed your life. Call The Daspit Law Firm at (888) 273-1045 for a free consultation, available 24/7, and let us fight for the compensation you deserve.
The legal limit in Texas is 0.08 blood or breath alcohol concentration for drivers 21 and older. Commercial drivers face a 0.04 limit in a commercial vehicle, and drivers under 21 can be charged for any detectable amount. A driver can also be legally intoxicated below 0.08 if alcohol has taken away the normal use of their mental or physical faculties.
Yes. Texas Penal Code 49.01 defines intoxication two ways: a BAC of 0.08 or more, or the loss of normal mental or physical faculties due to alcohol or drugs. An officer can arrest a driver below 0.08 based on driving behavior, field sobriety tests, and other signs of impairment, and prosecutors can pursue a DWI charge on that basis.
Yes. A civil injury claim is separate from the criminal DWI case and uses a lower burden of proof. Even if charges are reduced or dismissed, you may still prove the driver was negligent using test results, video, witness statements, and the crash report. A conviction or guilty plea, when it happens, can make that proof stronger.
Possibly. Under the Texas Dram Shop Act, a licensed provider can be liable if it served a customer who was obviously intoxicated and a clear danger to themselves and others, and that intoxication was a proximate cause of the crash. Bars may raise a defense if staff completed approved seller training and the employer did not encourage overservice.
Most Texas personal injury claims must be filed within two years of the crash under Civil Practice and Remedies Code 16.003. Wrongful death claims generally have two years from the date of death. Some exceptions can change the deadline, so it is wise to speak with a lawyer early while evidence such as bar receipts and video is still available.
All too often, accident victims are steamrolled by insurance companies determined to minimize or deny their claims. Don't let this happen to you. Hire us to fight for the compensation you deserve.
At The Daspit Law Firm, Our Team of Attorneys Handles the Full Range of Personal Injury Cases, Including Car and Truck Accidents, Industrial Accidents, Construction Accidents, Maritime & Offshore Accidents, and Much More.
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