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What is the legal limit for a college student in Texas?

On Behalf of | May 13, 2025 | College Student Defense |

As the parent of a college student in Texas, you may be worried that they could get into legal trouble. Say that they get pulled over for suspicion of impaired driving and are arrested on DWI charges. What type of impact is that going to have on their future? In addition to fines and a revoked driver’s license, they may also be at risk of suspension or expulsion from school.

One of the main components of a DWI arrest is the legal limit for blood alcohol concentration (BAC). Drivers who are under this limit can still be arrested, but breaking the limit allows the court to presume impairment. So, what is the legal limit that your college student needs to follow to avoid arrest?

It depends on their age

College students are in an interesting age bracket. Some of them are 21 and older, meaning that they can legally drink. Their blood alcohol concentration limit is 0.08%, just like it is for other adults across the state.

But many college students, especially freshmen and sophomores, are still under 21. As such, it’s illegal for them to drink at all. They can’t purchase or possess alcohol.

This is reflected in the DWI laws. Texas uses zero-tolerance laws for underage drivers. This means they have a BAC limit of 0.00%. Even if your college student only drank half of a beer and didn’t feel impaired, they could technically fail a breath test and be arrested on DWI charges due to the lower limit.

Legal defense options

At a time like this, it’s important for your family to understand exactly what legal defense options there are and what steps to take moving forward.

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