It’s official – Driving with an open beer or children could cost you $10,000 and jail time – here are the new penalties in Texas

July 2, 2025
It's official - Driving with an open beer or children could cost you $10,000 and jail time - here are the new penalties in Texas

In Texas, the law is tougher, with penalties for those driving under the influence of alcohol, including fines of up to $10,000, prison sentences of up to ten years, and even the revocation of a professional license. The law prohibits driving with a blood alcohol concentration of 0.08% or higher. The situation can be aggravated if the driver is carrying a minor or if they also have an open alcoholic beverage in the car.

The fine could be $10,000 and imprisonment of two to ten years

The official penalty schedule begins when the driver commits the offense for the first time. In that case, the fine would be $2,000, imprisonment of up to 180 days, and a driver’s license suspension of up to one year. If the driver has a prior conviction for driving under the influence of alcohol, the fine would be up to $4,000, with a jail sentence of one month to one year after conviction and a driver’s license suspension of up to two years. Finally, if this is the individual’s third offense, the fine would be $10,000, imprisonment of two to ten years, and a driver’s license suspension of two more years.

It is illegal for minors to drive with any alcohol content

It’s worth mentioning that these fines apply to drivers over 21 years of age. It is illegal for minors to drive with any alcohol content. This law primarily focuses on raising awareness among young people about not abusing alcohol and trying not to normalize drinking and then driving. Responsibility is essential when it comes to getting home safe and sound.

Drunk driving not only endangers the driver’s life

All of this is stipulated and explained in detail on the official Texas Department of Transportation (TXD) website, where citizens can access all the details of the different situations and their consequences. Drunk driving not only endangers the driver’s life, it also endangers the lives of other drivers, and if the intoxicated person also has passengers, the outcome can be even more serious.

if a person commits such an offense while a child under 15 is in the vehicle, the penalty can be higher

In this regard, the law makes it clear that if a person commits such an offense while a child under 15 is in the vehicle, the penalty can be even higher, as they will be charged with endangering the life of a minor. This includes a fine of up to $10,000, imprisonment for up to two years, and a 180-day driver’s license suspension. Keep in mind that this penalty may vary depending on whether the driver is a repeat offender or not.

The consequences of driving under the influence of alcohol can be devastating

These figures do not include additional state fines, which can amount to $3,000, $4,500, or $6,000 and are assessed at the time of sentencing. This is not a small sum, so the financial impact of these penalties is intended to be a fair punishment for the crime committed, as the consequences of driving under the influence of alcohol can be devastating.

As we’ve already mentioned, carrying open alcoholic beverages in the vehicle is also illegal, even if the breathalyzer test is negative and the driver is fit to drive. It is considered a lawbreaking act. The fact that the situation is aggravated by these details, whether it’s carrying minors or open beverages, helps raise awareness. Not only is drunk driving dangerous, but also, in order to set an example, it’s important for the new generations to grow up in healthy environments where it’s normal not to drive under the influence or carry alcoholic beverages in the car.