Texas Driver Handbook 2017

Chapter 10: Alcohol and Drugs Impact on the Driving Ability 

Texas Driver Handbook

Texas Alcohol-Related Laws for Adults 

Implied Consent Laws for Adults 

The implied consent for adults is similar to that of minors. 

Like the minor, an adult implies their consent to take one or more breath or blood specimen for analysis if they are arrested for 

operating a motor vehicle or watercraft in a public place while intoxicated, or if they are an adult up to 21 years of age and there is 

any detectable or noticeable amount of alcohol in their system while operating a motor vehicle in a public place as deemed by an 

officer. The breath or blood specimen determines if alcohol is present in their body and will identify the amount of alcohol in their 

system as well as the presence of any other controlled substances or drugs.

A person who refuses to give a blood or breath specimen for analysis will have their driver license suspended for 180 days. If a 

person submits to a blood or breath specimen and the results show a BAC of 0.08 or greater, their driver license may be suspended 

for 90 to 365 days. Anyone with a BAC of 0.08 or more is considered intoxicated.

Table 33: Penalties for DWI and DUI of Alcohol or Drugs-Adults

Offense

Fine

Confinement

Driver License Suspension

1st offense

Up to $2,000

72 hours to 180 days in jail

90 days to 365 days

2nd offense

Up to $4,000

30 days to 1 year in jail

180 days to 2 years

3rd and subsequent offenses

Up to $10,000

2 to 10 years in TDCJ

180 days to 2 years

DWI with passenger under 15

Up to $10,000

180 days to 2 years in state jail

90 days to 2 years 

Intoxication assault

Up to $10,000

2 to 10 years in TDCJ 

90 days to 2 years

Intoxication manslaughter

Up to $10,000

2 to 20 years in TDCJ 

180 days to 2 years

Know Your Legal Limit

The legal limit in Texas is 0.08 BAC or any amount which results in the loss of normal use of mental or physical faculties. The in-

formation provided in the Alcohol and Driving. Why Take the Risk? table below is only a guide and is based on calculated averages. 

Alcohol tolerance may vary by individual. Food intake, medications, health, gender and psychological conditions are also influential 

factors, which affect the rate of alcohol absorption.

Drivers are encouraged to take drug and alcohol awareness courses to become better educated about the effects and consequences 

of drugs and alcohol. Insurance companies may provide liability insurance discounts to drivers who complete drug and alcohol 

awareness courses. 

Table 34: Alcohol and Driving. Why Take the Risk?

Drinks

Body Weight in Pounds

Influenced

100

120

140

160

180

200

220

240

1

.04

.03

.03

.02

.02

.02

.02

.02

Possibly

2

.06

.06

.05

.05

.04

.04

.03

.03

3

.11

.09

.08

.07

.06

.06

.05

.05

Impaired

4

.15

.12

.11

.09

.08

.08

.07

.06

5

.19

.16

.13

.12

.11

.09

.09

.08

Legally 

intoxicated

6

.23

.19

.16

.14

.13

.11

.10

.09

7

.26

.22

.19

.16

.15

.13

.12

.11

8

.30

.25

.21

.19

.17

.15

.14

.13

9

.34

.28

.24

.21

.19

.17

.15

.14

10

.38

.31

.27

.23

.21

.19

.17

.16

A drink may include a 12 ounce can of beer, a mixed drink with 1.5 ounces of liquor or a 5 ounce glass of wine. They all contain 

approximately the same amount of alcohol. 

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Chapter 11: Motor Vehicle Crashes 

Texas Driver Handbook

Chapter 11: Motor Vehicle Crashes

Most crashes in Texas result from speeding, failure to yield or stop appropriately, and driving under the influence of alcohol. If 

requested and available, exchange names, addresses, phone numbers, vehicle identification numbers, vehicle license plate numbers, 

driver license information, and insurance information with all drivers involved in the crash. Write the insurance company name and 

policy number exactly as it is shown on the driver’s proof-of-insurance card. If you have the name of the driver’s insurance company 

and the information is not listed directly on the insurance card, call the Texas Department of Insurance at [phone] to get the 

company address and telephone number. Be sure to also note the location of the crash and write down the contact information if 

there are any witnesses.

You should always notify the appropriate law enforcement agency as soon as possible when:

•  There is an injury or fatality

•  The vehicles involved cannot be moved off the roadway

•  A driver leaves the scene of the crash

•  You suspect a driver is intoxicated.

If you are involved in a crash that is not investigated by a law enforcement officer and the crash has not resulted in injury or death of 

a person or damage to property of $1,000 or more, you must make a written report of the crash and file it with the Texas Department 

of Transportation (TxDOT) no later than the 10th day after the date of the crash. The written report must be on a TxDOT specified 

form. For a copy of this form, please visit the TxDOT website at www.txdot.gov.

Crash Resulting in Injury to, or Death of a person

If you are operating a motor vehicle involved in a crash resulting in injury to or death of a person, you must immediately stop your 

vehicle at the scene of the crash (or as close as possible to the scene of the crash) without obstructing traffic more than necessary. If 

you did not stop your vehicle at the scene, you must immediately return and remain at the scene of the crash until you have complied 

with the following:

1.  Provide your name and address, the registration number of the vehicle you were driving, and the name of your motor vehicle 

liability insurer to any person injured, or to the operator or occupant of, or person attending a vehicle involved in the collision

2.  Show your driver license (if requested and available) to any person injured, or to the operator or occupant of, or person attending 

a vehicle involved in the collision

3.  Provide any person injured in the crash reasonable assistance including transporting or making arrangements for transport-

ing the person to a physician or hospital for medical treatment if it is apparent treatment is necessary, or if the injured person 

requests the transportation.

Table 35: Penalties for Failure to Stop

Offense

Penalty

1st offense crash resulting in a death of a person

Second degree felony punishable by a fine not to exceed $10,000 and imprisonment in 

the Texas Department of Criminal Justice (TDCJ) for 2 to 20 years.

1st offense crash resulting in serious bodily injury

Third degree felony punishable by a fine not to exceed $10,000 and imprisonment in 

the Texas Department of Criminal Justice (TDCJ) for 2 to 10 years.

1st offense crash resulting in injury

Imprisonment in the Texas Department of Criminal Justice (TDCJ) for up to 5 years or 

confinement in the county jail for up to 1 year; a fine not to exceed $5,000; or both a 

fine and imprisonment.

Crash Resulting in Damage to a Vehicle

If you are operating a motor vehicle involved in a crash resulting ONLY in damage to a vehicle that is driven or attended by a person, 

you must immediately stop your vehicle at the scene of the crash or as close as possible to the scene of the crash without obstructing 

traffic more than necessary. If the crash occurs on a main lane, ramp, shoulder, median, or adjacent area and each vehicle involved 

can be normally and safely driven, drivers must move their vehicle as soon as possible to a designated crash investigation site, if 

available, a location on the frontage road, the nearest suitable cross street, or other suitable location. If you did not stop your vehicle 

at the scene, you must immediately return and remain at the scene of the crash until you have complied with the following:

1.  Provide your name and address, the registration number of the vehicle you were driving, and the name of your motor vehicle 

liability insurer to any person injured, or to the operator or occupant of, or person attending a vehicle involved in the collision

2.  Show your driver license (if requested and available) to any person injured, or to the operator or occupant of, or person attending 

a vehicle involved in the collision

3.  Provide any person injured in the crash reasonable assistance including transporting or making arrangements for transport-

ing the person to a physician or hospital for medical treatment if it is apparent treatment is necessary, or if the injured person 

requests the transportation.

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