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Texas Alcohol Laws


Texas has passed numerous laws regarding who can sell, buy, and consume alcoholic beverages. While this information will provide you with general overview of Texas alcohol laws, please note that these laws may vary depending on the jurisdiction.

Each jurisdiction is responsible for enforcing laws regarding the sale of alcohol. Typically, supermarkets and convenience stores are only permitted to sell wine and beer, while private retail stores, or package stores, can sell liquor. Stores cannot sell alcohol on Sunday, though restaurants that serve food can sell alcohol from 10 a.m. until midnight. From Monday through Saturday, restaurants and bars may sell alcohol from 10 a.m. until 2 a.m.

The drinking age in Texas is 21, as it is in the rest of the United States. However, the legal age to sell or handle alcohol is 18 years old. This includes working in a store or serving alcohol in a restaurant.

The open container law in Texas requires that any open container of alcohol be transported in the vehicle’s trunk, where the driver and passengers cannot access it.

A person may be charged with “per se” intoxication in Texas if he or she operates a vehicle with a blood alcohol content (BAC) of .08% or more. Even if your driving ability is not impacted by the consumption of alcohol, possessing a BAC over the legal limit can lead to a drunk-driving conviction. Driving with a BAC of .15% or higher may result in increased, or enhanced, penalties.

If a driver under the age of 21 has any alcohol in his or her system, this could result in a DWI charge.

Texas’s Implied Consent laws make it a crime to refuse to take a breath, blood, or urine test if pulled over on suspicion of DWI. Failure to take these tests could result in the loss of driving privileges for one year.
If a driver fails a breath, blood, or urine test, the Texas Department of Motor Vehicles can automatically suspend his or her license. For a first offense, the license suspension is 90 days. For a second and third offense, it is 180.

Violating Texas alcohol laws could result in serious penalties. If you are currently facing alcohol-related charges, contact Attorney Ken Gibson today.


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