Texas Alcohol Related Laws and Regulations

Where to Buy Alcohol
Although the laws that govern alcohol sales are strictly governed by local ordinances, there are some generalizations below.

Between 10 a.m. to 9 p.m., private retail stores can sell alcohol. Grocery and convenience stores may have beer and wine for purchase. Liquor stores are not open on Sundays, and restaurants may only sell alcohol during the same time as food sales, which is between 10 a.m. and noon. In general, restaurants and bars can serve alcohol Monday through Saturday from 10 a.m. to 2 a.m.

Legal Age for Drinking/Serving Alcohol
At 21, a person may consume alcohol, but at 18, a person may have a job that requires the selling or handling of alcohol.

Open Container Laws
If a container of alcohol has been previously opened, it must be transported in the trunk of a vehicle where the passengers and driver won’t have access.

BAC Limits
If a person tests (breath, blood, or urine) with a BAC (blood-alcohol content) of .08 or higher, they are considered ‘per se intoxicated’ and can be arrested and convicted of DUI (driving under the influence) without further evidence.

If a driver tests with a BAC of .15 percent or more over the legal limit of .08 percent, they may face harsher penalties.

If a driver under the legal age of 21 tests with any BAC level, they face DUI penalties.

Penalties
If a driver does not comply with an officer’s request to submit to a breath, blood, or urine test to determine their level of intoxication when they are suspected of being under the influence, they can face penalties due to ‘implied consent laws.’ Their refusal can result in the mandatory suspension of their driver’s license for up to one year.

When a driver is convicted of DUI, the DMV (Department of Motor Vehicles) can suspend a driver’s license for 90 days for the first offense, and 180 days for the second and third convictions.

A three-time DUI offender’s vehicle may be confiscated either permanently or temporarily. Under limited circumstances, an ignition interlock device may be installed in the DUI offender’s vehicle. Education, treatment, or assessment for alcohol abuse cannot be given as a penalty.

If a driver has a prior manslaughter conviction involving alcohol, DUI is considered a felony after the second conviction. If not, DUI is considered a felony after the third conviction.