According to the Texas Penal Code, the legal limit for blood alcohol content (BAC) is 0.08 percent. It’s important not to exceed this limit to avoid a DWI or DUI arrest. The number of drinks it takes to reach the legal limit will depend on a number of factors, such as your weight and the amount of time spent between beverages.
For example, a person who weighs around 100 pounds can generally consume only 1 drink before they are considered to be over the legal limit. On the other hand, someone who weighs around 160 pounds can normally have 3 drinks before they reach this number. An individual who weighs 200 pounds could still be intoxicated after only 3 drinks if the beverages are taken within a very short period of time, as doing so tends to intensify the effects of alcohol.
How many drinks is .08 for a woman?
The number of drinks that could make a woman legally drunk in Texas depends on multiple factors, with sex and weight providing us with only a general guideline. However, broadly speaking, a woman’s BAC could reach 0.08 percent after less than 2 drinks or as many as 4.
BAC level chart
for women
Approximate blood alcohol percentage
| Drinks* | Body weight in pounds | Effect on person | ||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 90 | 100 | 120 | 140 | 160 | 180 | 200 | 220 | 240 | ||
| 0 | .00 | .00 | .00 | .00 | .00 | .00 | .00 | .00 | .00 | Only safe driving limit |
| 1 | .05 | .05 | .04 | .03 | .03 | .03 | .02 | .02 | .02 | Impairment begins |
| 2 | .10 | .09 | .08 | .07 | .06 | .05 | .05 | .04 | .04 | Driving skills significantly affected |
| 3 | .15 | .14 | .11 | .11 | .09 | .08 | .07 | .06 | .06 | |
| 4 | .20 | .18 | .15 | .13 | .11 | .10 | .09 | .08 | .08 | Legally intoxicated. Criminal penalties in ALL states ** |
| 5 | .25 | .23 | .19 | .16 | .14 | .13 | .11 | .10 | .09 | |
| 6 | .30 | .27 | .23 | .19 | .17 | .15 | .14 | .12 | .11 | |
| 7 | .35 | .32 | .27 | .23 | .20 | .18 | .16 | .14 | .13 | |
| 8 | .40 | .36 | .30 | .26 | .23 | .20 | .18 | .17 | .15 | |
| 9 | .45 | .41 | .34 | .29 | .26 | .23 | .20 | .19 | .17 | |
| 10 | .51 | .45 | .38 | .32 | .28 | .25 | .23 | .21 | .19 | |
Subtract .01% for each 40 minutes of drinking.
*One drink is equal to 1¼ oz. of 80-proof liquor, 12 oz. of beer, or 4 oz. of table wine.
**ALL states have a .08 BAC per se law
-The final one took effect in August of 2005. (Updated: Sept. 3rd, 2005)
How many drinks is .08 for a man?
Due to a number of different biological and physiological differences, men tend to be able to drink more alcohol than women before reaching a BAC of 0.08 percent. According to the BAC level chart provided, a man’s BAC could reach 0.08 percent after as few as 2 drinks or as many as 5.
BAC level chart
for men
Approximate blood alcohol percentage
| Drinks* | Body weight in pounds | Effect on person | |||||||
|---|---|---|---|---|---|---|---|---|---|
| 100 | 120 | 140 | 160 | 180 | 200 | 220 | 240 | ||
| 0 | .00 | .00 | .00 | .00 | .00 | .00 | .00 | .00 | Only safe driving limit |
| 1 | .04 | .03 | .03 | .02 | .02 | .02 | .02 | .02 | Impairment begins |
| 2 | .08 | .06 | .05 | .05 | .04 | .04 | .03 | .03 | |
| 3 | .11 | .09 | .08 | .07 | .06 | .06 | .05 | .05 | Driving skills significantly affected |
| 4 | .15 | .12 | .11 | .09 | .08 | .08 | .07 | .06 | |
| 5 | .19 | .16 | .13 | .12 | .11 | .09 | .09 | .08 | Legally intoxicated. Criminal penalties in ALL states ** |
| 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 | |
Subtract .01% for each 40 minutes of drinking.
*One drink is equal to 1½ oz. of 80-proof liquor, 12 oz. of beer, or 4 oz. of table wine.
**ALL states have a .08 BAC per se law
-The final one took effect in August of 2005. (Updated: Sept. 3rd, 2005)
What other factors affect blood alcohol content?
Other factors that can contribute to a person reaching their alcohol legal limit after 3 drinks or less include:
- Hunger. Drinking on an empty stomach allows alcohol to be absorbed into the bloodstream much faster.
- Fatigue. Individuals who are tired could find themselves becoming intoxicated sooner than they would have if they were well-rested.
- Medicines. Certain prescription medications and even over-the-counter medications can intensify the effects of alcohol, thereby causing a person to reach their legal limit much sooner.
- Time frame between drinks. People who wait more than 40 minutes between drinks can usually consume more beverages without exceeding their legal limit.
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What counts as a drink?
A serving of alcohol varies depending on whether it’s hard or soft liquor. Most bartenders agree that a serving is equal to 1 ounce of 100-proof liquor when consuming mixed drinks. One serving of beer is equal to about 12 ounces, while it takes approximately 4 ounces of wine to make 1 serving.
Texas alcohol laws and penalties
According to Texas law, a legal BAC is anything below 0.08 percent, though any impairment of driving, flying or boating abilities due to drugs or alcohol can result in an arrest.
DWI penalties vary depending on whether it’s your first, second or third offense:
- First DWI offense. You may face fines up to $2,000, up to 180 days in jail (with a minimum of 3 days), and a driver’s license suspension for up to 1 year.
- Second DWI offense. The fines can increase to $4,000, with jail time ranging from 1 month to 1 year, and potential license suspension for up to 2 years.
- Third DWI offense. Fines can reach $10,000, prison sentences range from 2 to 10 years, and there’s the possibility of losing your driver’s license for up to 2 years. Additional state fines ranging from $3,000 to $6,000 may be imposed upon sentencing.
If you’re driving impaired with a child under 15 in the car, you’ll face child endangerment charges, which is a state jail felony. Punishments can include fines up to $10,000, jail time up to 2 years, and an additional 180-day driver’s license suspension. Additionally, driving with an open container of alcohol in your vehicle is illegal, regardless of impairment.
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Tips for avoiding a DWI arrest in Texas
Those who plan to be drinking should know their individual tolerance beforehand. It’s also a good idea to use the “buddy system” and have another person help you monitor your level of intoxication. Designating a driver or using a rideshare service are other good options to consider, as both can help people avoid an accident or DWI.
Additionally, there are a number of apps available that can help you track your alcohol consumption and estimate your BAC, though they should not be solely relied upon to determine your ability to drive.
Were you arrested for drinking and driving in Houston? Attorney Matt Sharp can help!
To ask questions about BAC limits in Texas or to discuss your DWI case, reach out to skilled Houston DWI defense attorney Matt Sharp at The Law Office of Matthew D. Sharp. Matt will use his expertise to help you navigate the complexities of Texas’s DWI laws and advocate for your rights throughout the legal process.
Contact his office today for a free consultation.
