What You Need to Know About Texas Buzzed Driving Laws

You’ve probably heard the slogan a thousand times: “Buzzed driving is drunk driving.” But what does that actually mean in Texas? Can you really get arrested for DWI if your blood alcohol content (BAC) is under the legal limit of 0.08%?

Here’s the deal: while 0.08% BAC is the Texas legal alcohol limit for driving, you can absolutely be arrested and charged with DWI at lower levels — including 0.05%, 0.04%, or even 0.00%. That’s right. Texas law gives officers the power to arrest you for impaired driving at virtually any BAC level if they believe you’re too impaired to operate a vehicle safely. And guess what? Their definition of “impaired” is about as subjective as a modern art museum.

This gray area between stone-cold sober and legally drunk has cost thousands of Texans their licenses, their jobs, and their freedom. Don’t let this be you.

Mark Thiessen is a triple Board-Certified ACS-CHAL Lawyer-Scientist who has secured over 140+ Not Guilty verdicts and thousands of dismissals for clients accused of DWI, and he can do it for you. Call us today at (713) 864-9000 for a defense that delivers results.

So, what is buzzed driving?

Buzzed driving isn’t a legal term you’ll find in the Texas Penal Code. It’s a colloquial way of describing that state between stone-cold sober and legally drunk — typically somewhere between 0.02% and 0.07% BAC.

At these levels, you might feel perfectly normal. You’re not slurring your words, you’re not seeing double, and you’d swear on a stack of Bibles that you’re fine to drive. And physiologically, you might even be right — at 0.03% or 0.04%, most people experience only mild relaxation and slightly slower reaction times.

But here’s the kicker: driving buzzed is driving drunk in the eyes of Texas law enforcement, even if science says you’re barely impaired at all.

Continue reading: How long does alcohol stay in your system?

What is the legal BAC to drive in Texas?

The legal BAC limit in Texas is 0.08% for most drivers. This is what’s known as the “per se” limit, meaning if you test at or above 0.08%, you’re automatically considered legally intoxicated — no questions asked, no wiggle room, just a one-way ticket to DWI charges.

But here’s where things get messy: that 0.08% threshold isn’t some magical force field protecting you from arrest. It’s simply the point at which the state doesn’t need to prove anything else. Above 0.08%? You’re legally intoxicated, period. Below 0.08%? Well, you’re still not in the clear.

What is the minimum BAC for a DWI?

DWI law in Texas doesn’t just focus on BAC numbers. Under Texas Penal Code Section 49.04, you can be charged with DWI if you’re intoxicated while operating a motor vehicle in a public place. And “intoxicated” has two definitions:

Having a BAC of 0.08% or higher (the easy one)
Not having the normal use of your mental or physical faculties due to alcohol, drugs, or a combination of both (the subjective one)

That second definition is where things get dangerous for drivers. Did you stumble during the walk-and-turn test? Impaired. Did you seem nervous or confused when answering questions? Impaired. Did your eyes look a little red after driving home from a long day at work? You guessed it — impaired.

Additionally, Texas doesn’t treat all drivers equally when it comes to BAC limits. Depending on who you are and what you’re driving, different rules apply:

Commercial drivers: If you hold a commercial driver’s license (CDL), your legal limit drops to 0.04% while operating a commercial vehicle.
Minors (under 21): Texas has a zero-tolerance policy for underage drinking and driving. If you’re under 21, any detectable amount of alcohol in your system can result in a DUI charge under the zero-tolerance law.

The bottom line: 0.08% is the legal limit, but it’s definitely not a safe harbor. In Texas, you can be arrested for DWI at any BAC level if an officer decides you’re too impaired to drive. The truth is that there is no safe BAC — you can be arrested for DWI at 0.00% if the officer has probable cause through other means.

What’s the verdict: Is 0.05% BAC illegal in Texas?

Here’s the short answer: no, 0.05% BAC isn’t automatically illegal in Texas the way 0.08% is. But — and this is a massive “but” — you can absolutely be arrested and convicted for DWI with a 0.05% BAC if the State proves to a jury and the jury believes beyond a reasonable doubt that you did not have the normal use of your mental and/or physical faculties.

Additionally, if your breath or blood test comes under a 0.08, like a 0.05, they will try and use retrograde extrapolation calculations to make you over at the time of driving. Not to mention, they will send your blood off to be tested for drugs or medication to try and get you on a little bit of alcohol and other stuff intoxication argument.

What are the penalties for a DWI under 0.08% in Texas?

This part might surprise you: if you’re convicted of DWI with a 0.05% BAC, you face the exact same penalties as someone who blew a 0.15%. That’s right — Texas doesn’t have a sliding scale of punishment based on how drunk you were. A DWI is a DWI, whether you were barely buzzed or falling-down drunk.

Let’s break down what you’re actually facing if you get convicted:

Offense	Charge	Jail Term Range	License Suspension	Fines
DWI First Offense	Class B Misdemeanor	3 days – 180 days	90 days – 1 year	Up to $2,000
DWI First Offense with a BAC Greater Than .15	Class A Misdemeanor	30 days – 1 year	180 days – 2 years	Up to $4,000
DWI Second Offense	Class A Misdemeanor	30 days – 1 year	180 days – 2 years	Up to $4,000
DWI Third Offense	Third Degree Felony	2 – 10 years	180 days – 2 years	Up to $10,000
DWI w/ a Child in the Car	State Jail Felony	180 days – 2 years	Up to 180 days	Up to $10,000
Intoxication Assault	Third Degree Felony	2 – 10 years	180 days – 2 years	Up to $10,000
Intoxication Manslaughter	Second Degree Felony	2 – 20 years	180 days – 2 years	Up to $10,000

Here’s the silver lining: if you’re facing DWI charges with a BAC under 0.08%, your case is more defensible than a high-BAC case. The state has to work harder to prove impairment when your BAC is low. They can’t just point to a number and say, “See? Drunk.” They have to rely on the officer’s observations, field sobriety test accuracy, and other subjective evidence — all of which can be challenged by a skilled DWI attorney.

What to do if you’re arrested for ‘buzzed driving’

What you do during and after your arrest will determine whether this arrest becomes a conviction or just an expensive, stressful memory.

1. During the arrest: damage control

First things first: stay calm and keep your mouth shut. Don’t try to explain that you only had two beers. Don’t tell the officer you feel fine. Don’t argue about field sobriety test accuracy or point out that you “passed” certain parts of the test. Just be polite, comply with lawful orders, and exercise your right to remain silent.

Remember: everything is being recorded, and that footage will be played in court. Show the jury a calm, respectful person who deserves the benefit of the doubt.

Bonus tip: One of the rights police don’t want you to know is that you can refuse field sobriety tests without penalty (before arrest). But once you’re under arrest, it’s often a good idea to comply with chemical testing (blood or breath) to avoid additional license suspension penalties under implied consent laws.

2. After the arrest: building your defense

As soon as you’re released from custody, your first call should be to a DWI attorney in Houston who specializes in these cases. Why does this matter so much? Because even if this is your first DWI offense, the consequences are severe: up to 180 days in jail, fines up to $2,000, license suspension, mandatory DUI education classes, and a criminal record that follows you forever.

And that’s assuming it’s a standard DWI — there are multiple types of DWI in Texas with varying penalties, including enhanced charges if your BAC was high or if there were aggravating factors. But here’s the good news: just because you were arrested doesn’t mean you’ll be convicted. A charge is not a conviction, and with the right attorney, you can fight this.

Bonus tip: While your attorney is doing their job, there are things you can do to help your case, like writing down everything you remember about the arrest, identifying witnesses who can testify about your condition before you got in the car, and documenting any medical conditions or medications that could have affected your performance on tests or caused false positive results.

Got arrested for ‘buzzed driving’? Thiessen Law Firm knows how to destroy weak DWI cases.

If you’ve been arrested for DWI with a BAC under 0.08%, don’t buy into the doom and gloom. ‘Buzzed driving’ cases are beatable — especially when the evidence against you is nothing more than an officer’s subjective opinion and a few shaky field sobriety tests.

At Thiessen Law Firm, we don’t just fight DWI cases — we dominate them. Mark Thiessen is a triple Board-Certified ACS-CHAL Lawyer-Scientist with over 140+ Not Guilty verdicts and thousands of dismissals. We understand the science behind BAC testing, we know how to destroy unreliable field sobriety evidence, and we’re not afraid to take your case to trial if that’s what it takes to win.

A charge is not a conviction, and with the right defense, you can beat this. Call Thiessen Law Firm today at (713) 864-9000 or contact us online for a defense that actually delivers results.

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