It’s crucial for all Texans to be well-acquainted with local laws governing the purchase and consumption of alcoholic beverages. This knowledge empowers individuals to make informed choices, ensuring their safety and that of others. Explore the guide below to gain a comprehensive understanding of Texas drinking laws, enabling you to navigate them wisely and avoid the repercussions of alcohol-related offenses.
Drinking Age in Texas:
In Texas, the legal age for purchasing and consuming alcoholic beverages is 21. Exceptions exist when a parent or legal guardian buys an alcoholic beverage for their child to consume in their presence. However, establishments exercise discretion, considering the potential liability and penalties associated with underage drinking and public intoxication.
Texas Alcohol Sales Laws:
Individuals aged 18 or older, certified by the Texas Alcoholic Beverage Commission, can legally pour and serve alcoholic beverages for patrons. The state has specific alcohol service hours:
- Monday–Friday: 7AM until Midnight
- Saturday: 7AM until 1AM
- Sunday: Noon until Midnight (10AM until Noon only with food service)
Alcohol sales laws may vary by county, with some being completely dry, partially wet, or fully wet. Refer to the Texas Almanac website for a detailed map of local alcohol options.
Where Can I Buy Alcohol in Texas?
For wine or beer (not exceeding 17% ABV), purchase from grocery stores, convenience stores, and licensed retailers between 7AM and Midnight on Weekdays, 7AM to 1AM on Saturdays, and 10AM to Midnight on Sundays. Liquor stores operate from 10AM to 9PM on Weekdays and Saturdays, remaining closed on Sundays.
Alcohol Delivery Laws:
As of April 28th, 2021, House Bill 1024 permits mixed beverage and private club permittees to allow customer pickup and delivery of alcohol with food orders. Various requirements apply, including proper labeling, packaging, and restrictions on delivery personnel.
The Texas Alcoholic Beverage Commission (TABC) offers the Texas Responsible Alcohol Delivery Training course for drivers delivering alcoholic beverages.
Drunk Driving Laws in Texas:
In Texas, a blood alcohol concentration (BAC) of 0.08% or above constitutes legal intoxication for drivers. Any amount of drugs or alcohol affecting your driving is a violation. Penalties for Driving While Intoxicated (DWI) vary based on factors like offense severity, criminal history, and crime details.
DWI First Offense (Class B Misdemeanor)
- A fine of up to $2,000
- From 3 to 180 days in jail upon conviction
- Loss of driver’s license from 90 days to one year
DWI Second Offense (Class A Misdemeanor)
- A fine up to but not exceeding $4,000
- A term of up to one year in jail upon conviction
- Loss of driver’s license 180 days to 2 years
- A $10,000 fine
- Two to 10 years in prison
- Loss of driver’s license for up to 2 years
DWI Third Offense or More (Third-degree Felony)
Additional Consequences and Legal Considerations for DWI Cases in Texas
In addition to the previously mentioned penalties, individuals charged with DWI may encounter further consequences, including the potential installation of an Ignition Interlock Device. This device mandates a breath test before starting the automobile. Other conditions may involve mandatory substance abuse education, counseling, community service, and additional requirements.
Texas operates as an IMPLIED CONSENT state, implying that anyone operating a vehicle automatically consents to standard drug or alcohol testing at the request of local law enforcement. Refusal or failure to comply with the test can lead to an Administrative License Revocation (ALR), a distinct offense not directly related to the DWI conviction.
Upon refusal, law enforcement may seize your driver’s license, providing you with a temporary license (Notice of Suspension/Temporary Driving Permit) at the courthouse or police station. To contest the ALR, you must request a hearing from the Department of Public Safety (DPS) within 15 days; otherwise, your formal license suspension will commence 40 days after arrest.
To verify your license status and driving privileges, you can check eligibility on the Texas Department of Public Safety website. If deemed ineligible to drive, consulting your lawyer about obtaining an Occupational License is advisable. An Occupational License is a temporary permit enabling you to commute to work, run errands, attend appointments, visit family members, and fulfill essential responsibilities during the license suspension period.
Defense Against Boating While Intoxicated (BWI) Charges in Texas
Laws for Operating a Vessel While Intoxicated: Similar to the prohibition of drinking and driving, Boating While Intoxicated (BWI) or Boating Under the Influence (BUI) is a criminal offense in Texas. This pertains to individuals impaired by drugs or alcohol to the extent that it impacts their “normal use of mental or physical faculties” or those with a blood, breath, or urine alcohol concentration of .08% or greater.
Texas laws governing alcohol use extend beyond motorized vehicles to encompass non-motorized water transport modes. This includes water skis, paddle boats, aquaplanes, sailboats, rowboats, canoes, kayaks, or any other device not strictly propelled by the natural current of water.
While judges have discretion in applying penalties based on the circumstances of the offense, the standard penalties for BWI mirror those for DWI. It’s crucial to recognize that, despite the apparent differences between DWI and BWI, a boating while intoxicated charge can be used against you in future drunk driving offenses.
For first-time offenders of both DWI and BWI, penalties escalate significantly if the individual is found guilty of causing serious bodily harm (intoxication assault) or death (intoxication manslaughter). Penalties include:
- Intoxication Assault: 2 to 10 years in prison and fines of up to $10,000
- Intoxication Manslaughter: 2 to 20 years in prison and fines of up to $10,000
As a DWI defense attorney, understanding the nuances of BWI laws is crucial to providing effective representation and achieving the best possible outcomes for your clients facing such charges.
Resources on Texas Alcohol Laws:
Explore the following resources for in-depth information on Texas alcohol laws:
- Texas Alcoholic Beverage Commission (TABC)
The Texas Alcoholic Beverage Commission furnishes comprehensive information to citizens regarding local drinking laws and regulations. Additionally, it offers crucial insights for individuals employed in the industry, serving as a valuable resource for understanding the intricacies of alcohol-related legal matters. - National Institutes of Health – Alcohol Policy Information System
This serves as an invaluable resource for individuals seeking deeper insights into national and state health trends, offering a thorough examination of underage drinking, especially pertinent for those facing DWI charges. - Texas Department of Transportation – Impaired Driving and Penalties DUI/DWI
The Texas Department of Transportation (DOT) provides precise and succinct details on the prevailing drinking laws in Texas, as well as penalties for DUI/DWI offenses. Additionally, it offers supplementary information and resources beneficial for local drivers, a valuable reference for those in need of DWI defense. - Responsibility.org – National Drunk Driving Statistics Map
Utilize this interactive map to choose a state and delve into diverse statistics related to drunk driving in that particular region. This resource is particularly valuable for individuals requiring DWI defense representation in Texas. - 360 Training – Texas Alcohol Laws
As an accredited provider of official alcohol service training and state licensing courses, this educational source proves invaluable for individuals aspiring to pursue roles in alcohol sales or service in Texas. - Texas Penal Code
Title 10: Offenses Against Public Health, Safety, and Morals
Chapter 49: Intoxication and Alcoholic Beverage Offenses
At times, accessing the primary source is beneficial. The Texas Penal Code stands as the most direct and accessible resource for obtaining information on existing Texas drinking laws, offenses, and the corresponding penalties.
If you or a loved one is facing charges related to drunk driving or boating, please seek legal counsel promptly by calling Dunham & Jones and talk to one of their DWI Defense Attorneys at 800-499-8455 to safeguard your rights and secure the best possible outcome for your DWI/BWI case. Dunham & Jones offers a free consultation and will explain to you how your DWI/BWI case should be handled for the best possible outcome.
