Texas Legal Thresholds: What BAC Level Is Considered a DWI for Court and DPS Records?

In Texas, the BAC level considered a DWI for most adult drivers is 0.08, for commercial (CDL) drivers it is 0.04 while driving a commercial vehicle, and for drivers under 21 any detectable alcohol can trigger a violation under the state’s zero tolerance rules. Those same numbers affect both what prosecutors use in court and what the Texas Department of Public Safety (DPS) uses to suspend or mark your license record, but the rules are not exactly the same in every situation.

If you were stopped in Houston or another Texas county and saw a number like 0.07, 0.08, or 0.14 on a breath or blood test, you are probably asking which BAC number really “counts” for court, DPS, your job, and your future. This guide walks through how Texas law treats BAC levels for criminal DWI charges and for DPS administrative license actions, in plain language, so you can see where you stand and what deadlines are coming next.

Quick overview of Texas BAC limits that matter for court and DPS

Before we break it down, here is a simple snapshot of the BAC level considered a DWI in Texas and how it connects to your records:

• Adult non-commercial drivers (21 and over): 0.08 BAC or higher is the “per se” DWI level that lets the state prove intoxication based only on the number.
• Commercial drivers (CDL) operating a commercial vehicle: 0.04 BAC or higher can support a DWI under stricter commercial rules and can be reported to DPS as a serious violation.
• Drivers under 21: Any detectable alcohol (often described as 0.02 or more) can lead to a “DUI by a minor” or related offense under zero tolerance rules.
• DPS administrative license actions: For most adults, refusing a test or having 0.08 BAC or higher on a valid test can trigger an Administrative License Revocation (ALR) case, which is separate from the criminal case.

For a deeper, interactive breakdown of these numbers and examples of how officers and courts use them, some readers like to review the butler interactive Q&A: Texas BAC limits and explanations as a companion resource.

If you are a working-age driver who just got a DWI or DUI ticket, knowing these thresholds is the first step. Next, you need to understand that Texas runs two systems at once: a criminal case in court and an administrative case with DPS that focuses on your license.

Criminal DWI vs DPS ALR: two tracks using the same BAC number

When an officer in Harris County or another Texas county suspects DWI, your situation usually splits into two paths that both care about your BAC level:

• Criminal DWI case in court: Filed under Texas Penal Code Chapter 49, it can bring fines, jail, probation, and a criminal record.
• Administrative License Revocation (ALR) with DPS: A civil process that can suspend your driving privilege even if the criminal case is later reduced or dismissed.

The same BAC test result is evidence in both places, but the rules and goals are different. In court, the prosecutor must follow criminal rules of evidence and prove guilt beyond a reasonable doubt. In the ALR process, DPS uses a lower burden of proof and is focused on whether you drove with a prohibited BAC or refused testing.

Analytical Solution-Seeker: If you are looking for citations and exact language, you can read the official Texas statute text for DWI and BAC thresholds which lays out intoxication offenses and defines “alcohol concentration.”

What blood alcohol level is considered a DWI for adults in Texas?

For adult drivers 21 and older in a non-commercial vehicle, the key number is a BAC of 0.08 or higher. This is often called the “per se” DWI limit. If a valid breath or blood test shows 0.08 or more, the state can argue intoxication without also proving that your normal mental or physical faculties were actually lost.

At the same time, Texas also allows DWI charges even if you test below 0.08, based on officer observations and other evidence. So while 0.08 is the BAC level considered a DWI in Texas for per se purposes, it is not the only way the state can try to prove intoxication.

How courts use the 0.08 BAC number

In criminal court, a test result of 0.08 or higher gives the prosecutor a strong starting point. They still must prove:

• You were operating a motor vehicle
• In a public place
• In Texas
• While intoxicated, either by showing 0.08 or higher BAC or by showing loss of normal faculties

For you as a working professional, this means a single number on a test printout could drive decisions about plea offers, trial strategy, and whether the court will consider certain programs or reductions. It is common for people to assume “I blew 0.09, my case is hopeless.” That is a misconception. BAC tests can be challenged, and the number is only part of the picture.

If you want a broad picture of how different BAC levels can affect fines, jail ranges, and enhancements, you might find an overview of Texas DWI criminal penalties and consequences helpful as general background.

How DPS uses the 0.08 BAC number for adults

On the DPS side, a 0.08 or higher BAC on a valid breath or blood test usually starts an ALR case. DPS then looks at:

• Whether the officer had reasonable suspicion to stop you
• Whether there was probable cause to arrest you
• Whether you had 0.08 or higher while operating a motor vehicle in a public place

If they can prove these points at an ALR hearing, DPS can suspend your license, often for 90 days or more for a first offense, depending on your history and whether anyone was hurt. The result will appear on your DPS driving record, which some employers check regularly.

Career-Focused Professional: If you rely on a clean record for your job, even a short license suspension or a notation about a DWI-related stop can raise questions with your employer or with background checks, so understanding this process early matters.

What blood alcohol level is considered a DUI or DWI for CDL drivers?

Commercial drivers license holders face stricter rules. Under Texas law and federal commercial driver regulations, a BAC of 0.04 or higher while operating a commercial vehicle can support a DWI charge and serious commercial driving consequences.

CDL criminal thresholds

If you are in an 18-wheeler or bus and your BAC is 0.04 or above, that number is treated as a violation of the commercial DWI rule. The state can still charge you with DWI if your BAC is 0.08 or more, even if you were not in a commercial vehicle, but the 0.04 limit is what makes commercial drivers especially vulnerable while on duty.

For a Houston-area CDL driver, that means one night of poor judgment could put a long-haul career in danger, even if your friends in non-commercial vehicles would not have crossed the 0.08 line at the same point.

CDL and DPS record consequences

On the DPS side, a DWI charge or an ALR suspension can affect both your basic driving privilege and your CDL status. A commercial disqualification can last much longer than a basic license suspension, and a second serious violation can even lead to a lifetime ban from holding a CDL, with only limited chances to seek reinstatement.

Because DPS and trucking companies pay close attention to any alcohol or DWI-related entries on your record, it is important for CDL holders to see the full picture of criminal and administrative risks, not just the criminal charges in the Houston or Harris County court.

Under 21 drivers and zero tolerance alcohol rules in Texas

Texas uses “zero tolerance” for drivers under 21. That does not literally mean 0.000 BAC in every case, but it does mean that any detectable alcohol in your system can cause a violation even if you are nowhere near 0.08.

For under 21 drivers, the key ideas are:

• You can face “DUI by a minor” or related charges based on any detectable alcohol.
• If your BAC is 0.08 or higher, you can face the same adult DWI charge that older drivers face, with all the same penalties.
• Parents and young drivers often underestimate the long term impact of these early alcohol related entries on future jobs, college programs, or professional licenses.

Young/Unaware Driver: If you are under 21, it is not safe to assume “as long as I stay under 0.08, I am fine.” Zero tolerance means that any alcohol on a breath test can still put you in front of a judge and on DPS’s radar.

Criminal “per se” BAC vs administrative ALR: how they differ

To clear up the confusion, here is how criminal “per se” intoxication and administrative license consequences are different, even though both use the same BAC numbers.

Criminal “per se” BAC rules

• Adult non-commercial drivers: 0.08 or more BAC lets the state prove intoxication based solely on the number.
• CDL in commercial vehicle: 0.04 or more BAC is enough to trigger commercial DWI rules, plus 0.08 for standard DWI.
• Under 21 drivers: any detectable alcohol can support a DUI by minor, and 0.08 and up supports a full DWI charge.

These rules come from the Penal Code provisions on intoxication offenses and the definitions of “alcohol concentration” that you can review in the Texas statute text for DWI and BAC thresholds.

Administrative ALR rules

• For adults: Refusing a breath or blood test, or providing a specimen with 0.08 or more BAC, can trigger an ALR case.
• For CDL holders: Refusals and high BAC results can cause both standard suspensions and CDL disqualifications.
• For minors: Refusal or any positive result can impact their license under zero tolerance programs.

In ALR, DPS does not have to prove guilt of DWI beyond a reasonable doubt. They only need to show, by a preponderance of the evidence, that the officer had the required basis to stop and arrest you and that you refused or tested above the limit. That lower standard is why some people lose the ALR hearing but later reach a better outcome in the criminal case.

For more detail on how to request an ALR hearing and deadlines, including basic timelines, you can review guidance that focuses specifically on that administrative process.

To see how ALR suspensions and court outcomes interact over time, consider reading about how ALR hearings affect your license and timelines, which explains the 15 day response window and typical suspension lengths.

Adult vs CDL vs under 21 BAC thresholds in Texas

Here is a side by side look at the adult vs CDL BAC threshold in Texas and how zero tolerance works for under 21 drivers. This can help you see quickly which column applies to you and your family.

Driver type	Main BAC threshold	Type of case	Key consequences
Adult non-commercial (21+)	0.08 BAC (per se)	DWI	Criminal record, possible jail, fines, ALR suspension, ignition interlock in some cases
CDL driver in commercial vehicle	0.04 BAC for commercial violation; 0.08 for standard DWI	DWI + CDL disqualification risk	Criminal penalties, DPS CDL disqualification, major employment impact
Under 21 driver	Any detectable alcohol (often 0.02+), 0.08+ for full DWI	DUI by minor or DWI	License consequences, fines, alcohol education, possible DWI record if 0.08+

The differences may look small, but each category carries unique risks. If you want a more detailed comparison for your situation or for someone in your family, you can read a focused breakdown on the comparison of adult, CDL, and under-21 BAC thresholds, which explains scenarios for each driver type.

What actually shows up on your Texas DPS record?

Many drivers worry that a specific BAC number like 0.09 or 0.16 will follow them forever on their driving record. What DPS usually records is not just the raw BAC, but the type of incident and the outcome of the ALR process.

Here are the main items that can appear on your DPS record:

• ALR suspension entries based on refusal or 0.08+ test results
• Convictions for DWI or DUI by minor
• Occupational license entries if you needed a restricted license to keep driving
• CDL disqualifications and reinstatements, if applicable

For most employers who check your record, the fact that there was a DWI-related suspension or conviction matters more than whether the BAC was 0.09 or 0.13. But a very high BAC can sometimes affect how prosecutors, judges, and even professional boards view the seriousness of the case.

License-Critical Nurse/Professional: If you hold a nursing license or another state-issued professional license, you may have separate reporting duties or board rules that treat any DWI or alcohol-related incident as a concern, so it is important to understand both DPS and licensing board timelines.

Example: how one BAC test can affect both court and DPS

Consider this anonymized example that is typical of what happens in the Houston area. A 38 year old project manager is stopped in Harris County after leaving a company event. The officer says he was speeding and drifting. Field sobriety tests are given. At the station, a breath test shows 0.10 BAC.

• Criminal side: He is charged with a first offense DWI, a misdemeanor, because his BAC is above 0.08.
• DPS side: The 0.10 result triggers an ALR case. If he does nothing, his license is set to be suspended.

He now worries about his job, his ability to drive his kids to school, and his professional reputation. He learns that he has a short window, usually 15 days from receiving the suspension notice, to request an ALR hearing. He also learns that the breath test can be reviewed for accuracy, timing, and correct procedure, and that his defense options are not limited to “I blew over 0.08 so I am stuck.”

This is the point where many people shift from panic to planning, once they understand the separate rules for the BAC level considered a DWI in Texas and the DPS rules that control their license.

Common misconceptions about Texas DPS legal alcohol limits

Here are a few myths that confuse many drivers after a DWI stop:

• Myth 1: “If I blew under 0.08, I cannot be charged.” In reality, officers can still charge DWI if they believe you lost normal physical or mental faculties from alcohol or drugs, even when the BAC is under 0.08.
• Myth 2: “The judge will automatically see my BAC as proof I am guilty.” The BAC number is important, but the defense can examine the test machine, the blood draw process, timing of the sample, and whether the officer followed the law during the stop.
• Myth 3: “DPS only cares about convictions.” DPS can suspend your license based on refusals or failed tests long before any conviction, using the ALR process.
• Myth 4: “Under 21 drivers are safe if they are under 0.08.” Zero tolerance laws allow charges and license consequences for any detectable alcohol.

Correcting these misconceptions early helps you avoid costly mistakes like missing the ALR hearing deadline or assuming your case cannot be fought.

ALR deadlines and why timing is critical after a DWI arrest

For most Texas DWI cases, the immediate administrative risk is an ALR suspension. After your arrest, you may be handed a temporary driving permit and notice that your license will be suspended unless you act.

Key points about ALR timing and process:

• You generally have 15 days from the date you receive the notice of suspension to request an ALR hearing.
• If you do not request a hearing on time, the suspension usually starts automatically a short time later.
• An ALR hearing is your chance to contest the stop, arrest, and BAC test or refusal from a DPS standpoint.
• Even if the criminal case ends well later, failing to act quickly on ALR can leave a suspension on your DPS record.

For official details, the Texas DPS overview of the ALR license-suspension process explains how the program works and what triggers it.

For a more practical step by step view that is easier to follow during a stressful week, look at Texas specific guidance about how to request an ALR hearing and deadlines, which walks through the request process, how hearings are scheduled, and what can happen afterward.

Short legal next steps checklist after a Texas DWI stop

If you were recently arrested in Houston or a nearby county, here is a quick checklist to help you organize the next few days, before deadlines pass.

• 1. Find your paperwork and note your dates: Look for the DIC-24 or DIC-25 forms or any documents that mention license suspension or ALR.
• 2. Calculate your ALR deadline: Count 15 days from the date on your notice. Mark that on your calendar and set reminders.
• 3. Request an ALR hearing before the deadline: Do not assume your court date and ALR deadline are the same. They are separate.
• 4. Write down what you remember: Time of last drink, how much you had, when you ate, when the test was taken, and anything unusual about the stop or testing.
• 5. Consider talking with a qualified Texas DWI lawyer: Someone experienced in both criminal DWI defense and ALR hearings can explain how the specific BAC number in your case fits into strategy.
• 6. Plan for work and family logistics: Arrange backup driving help in case of a temporary suspension or restrictions, especially if you drive for work or have children to transport.

These steps are not legal advice for any particular person, but they outline what most working adults in your position need to focus on in the first week after a DWI arrest in Texas.

How BAC level interacts with penalties, enhancements, and future risk

The BAC level considered a DWI in Texas is not only about guilt or innocence. The number can also affect penalty ranges, enhancements, and how future cases are treated.

• High BAC (for example, 0.15 or higher): Texas law allows enhanced penalties for very high BAC cases, which can change the level of the offense or the consequences.
• Repeat offenses: A prior DWI conviction can increase the level of a new charge and the minimum penalties, regardless of the exact BAC in the new case.
• CDL and professional licensing: Higher BAC levels may draw more attention from employers and boards, because they suggest a more serious level of impairment.

For a broad view of possible outcomes across first and repeat DWIs, including ignition interlock requirements and how enhancements can apply, you can review an overview of Texas DWI criminal penalties and consequences.

Analytical Solution-Seeker: If you like to plan for worst case and best case scenarios, looking at statutory penalty ranges side by side with ALR suspension charts can help you understand where your current BAC result falls on the spectrum.

Secondary persona spotlights: how different readers may view BAC limits

Different readers approach the same BAC number with different worries and goals. Here are a few short spotlights.

Analytical Solution-Seeker: You may already be comparing your BAC to charts and calculators. Remember that the legal system does not care what an online calculator predicted, only what the officer and test machine recorded, and what can be proven under Texas law.

Career-Focused Professional: Your biggest concern may be how a DWI or ALR entry will look on a background check or to your HR department. Focusing quickly on your license status, court dates, and steps to minimize public exposure can protect your reputation while your case is pending.

License-Critical Nurse/Professional: You are likely worried about mandatory reporting and how boards view DWI arrests, even without a conviction. Pay close attention to ALR deadlines and any requirements your licensing board or employer handbook sets for self-reporting.

Young/Unaware Driver: If all of this sounds overwhelming, the most important takeaway for you is that any drinking before driving can have serious, long lasting effects on your driving record and your future, even if you “feel fine.”

Frequently asked questions about the BAC level considered a DWI in Texas

Is 0.08 always enough for a DWI conviction in Texas?

A BAC of 0.08 or higher is enough for the state to use the “per se” rule, which treats that number as legal intoxication. However, a conviction still depends on whether the test was valid, whether the stop and arrest were legal, and whether the prosecutor can prove all elements of the offense beyond a reasonable doubt.

Can I lose my license in Houston if my BAC test was under 0.08?

Yes, it is possible. DPS can sometimes pursue an ALR suspension based on refusal to provide a sample, or other factors, even if there is no 0.08 or higher result. Also, a lower BAC does not prevent a DWI or related charge if the officer claims your normal faculties were lost.

What is the Texas DPS legal alcohol limit for commercial drivers?

For CDL holders driving a commercial vehicle, Texas and federal rules treat 0.04 BAC as the key limit for commercial operation. A commercial DWI or related violation can lead to CDL disqualification, which often has more serious employment consequences than a standard license suspension.

How does a DWI with a BAC over 0.15 affect penalties in Texas?

If your BAC is alleged to be 0.15 or higher, Texas law allows enhanced penalties that can raise the potential maximum punishment for a first offense. It may also increase the odds of ignition interlock requirements and closer court supervision, although every case is different.

How long will a DWI with a BAC of 0.08 stay on my record in Texas?

In Texas, a DWI conviction generally stays on your criminal record permanently unless it is eligible for and successfully addressed through limited remedies like certain nondisclosure procedures. On the DPS driving record side, DWI related entries can affect your driving history for years and may be visible to insurers and some employers.

Why acting early matters when your BAC is in question

If you are reading this soon after a DWI stop, it is normal to feel that everything depends on a single BAC number. In reality, your future will be shaped more by what you do in the days and weeks after the arrest than by one reading on a machine.

Acting early allows you to:

• Protect your license by requesting an ALR hearing on time
• Preserve evidence, such as video footage and witness memories
• Have someone experienced review the test results for possible issues
• Plan for work and family responsibilities in case of temporary restrictions

For a working-age driver in Houston or any Texas county, the key is not to ignore the paperwork on your kitchen table. Clarify your deadlines, understand how the BAC level considered a DWI in Texas fits into your case, and consider getting guidance from a qualified Texas DWI lawyer who can look at your specific facts.

Career-Focused Professional: Taking quiet, organized steps now often does more to protect your reputation than waiting until your employer or licensing board learns about the situation from someone else.

To help visualize how Texas treats blood tests and breath tests in DWI cases, and how different BAC numbers play into both court and DPS decisions, this short video can serve as a practical explainer.

Butler Law Firm - The Houston DWI Lawyer
11500 Northwest Fwy #400, Houston, TX 77092
https://www.thehoustondwilawyer.com/
+1 713-236-8744
RGFH+6F Central Northwest, Houston, TX
View on Google Maps