Alcohol Laws in Texas (2026): Rules That Might Surprise You
Most people think they know Texas alcohol laws. They don’t.
Seriously, the rules around buying, drinking, and transporting alcohol in Texas are way more complicated than you’d expect. From when you can buy beer on Sunday to what happens if you have an open container in your car, these laws can catch you off guard. Let’s break down exactly what you need to know to stay out of trouble.
What Are Texas Alcohol Laws?
Texas alcohol laws control when, where, and how you can buy and consume alcoholic beverages. The Texas Alcoholic Beverage Commission handles all this. They set the rules for everything from liquor store hours to DWI penalties.
Here’s the deal. These laws exist to promote public safety and responsible drinking. They cover legal drinking age, sales hours, DWI penalties, and open container rules. Some of these regulations might seem strict, but they’re taken very seriously across the state.
Legal Drinking Age in Texas
You must be 21 years old to legally drink alcohol in Texas. Pretty straightforward.
But wait, there’s an exception. Parents or legal guardians can give alcohol to their own children under 21. This only applies if the parent is present. Your friend’s parent can’t do this for you. Only your actual parent, guardian, or adult spouse can legally give you alcohol when you’re under 21.
Wondering if this applies to you? If you’re under 21 and not with your parent or guardian, don’t drink. The penalties are not worth it.
Alcohol Sales Hours
This is where things get interesting. Texas has different rules depending on what you’re buying and what day it is.
Beer and Wine Sales
Grocery stores and convenience stores can sell beer and wine Monday through Friday starting at 7 AM. Sales must stop at midnight. On Saturday, beer and wine sales start at 7 AM and can continue until 1 AM Sunday morning.
Sunday is different. You can’t buy beer or wine until noon. Sales end at midnight on Sunday. Honestly, this is the part most people get wrong.
Liquor Sales
Liquor stores have stricter hours. They’re only open Monday through Saturday from 10 AM to 9 PM. They must stay closed on Sundays. They also close on Thanksgiving, Christmas, and New Year’s Day.
Sound complicated? It gets better. If Christmas or New Year’s Day falls on a Sunday, liquor stores stay closed the following Monday too.
Restaurant and Bar Service
Bars and restaurants can serve alcohol for on-premises consumption starting at 10 AM on Sunday if it’s served with food. Every other day, they can serve whenever they open. If they have a late-hours permit, they can serve until 2 AM.
DWI Laws and Penalties
Texas takes drunk driving seriously. The penalties hit hard.
You’re legally intoxicated if your Blood Alcohol Concentration is 0.08% or higher. But here’s something many people don’t realize. You can still get charged with DWI even if you’re below 0.08% if there’s other evidence you’re impaired.
First Offense DWI
A first-time DWI is a Class B misdemeanor. You could face up to $2,000 in fines. Jail time ranges from 3 days minimum to 180 days maximum. Your license gets suspended for up to one year.
Hold on, this part is important. The court can also require you to complete a DWI education program. You might need to install an ignition interlock device on your car if your BAC was 0.15% or higher.
Second Offense DWI
A second DWI is a Class A misdemeanor. Now we’re talking fines up to $4,000. Jail time jumps to 30 days minimum and one year maximum. License suspension can last up to two years.
You’ll almost certainly need an ignition interlock device. This means you have to blow into a breathalyzer to start your car. Pretty much every time you drive.
Third Offense DWI
This one’s a felony. A third DWI conviction carries $10,000 in fines. Prison time ranges from 2 to 10 years. Not jail. Prison. Your license can be suspended for up to two years.
Special DWI Circumstances
Having a child under 15 in your car during a DWI automatically makes it a state jail felony. You’re looking at 180 days to 2 years in jail and up to $10,000 in fines. This applies even on a first offense.
If someone dies because you were driving drunk, that’s intoxication manslaughter. It’s a second-degree felony with 2 to 20 years in prison. If someone gets seriously hurt, that’s intoxication assault. Still a third-degree felony.
Zero Tolerance for Minors
Drivers under 21 cannot have any detectable amount of alcohol in their system. Zero. Texas enforces this strictly. Any amount of alcohol can result in a DUI charge for underage drivers.
Open Container Laws
Okay, pause. Read this carefully.
It’s illegal to have an open container of alcohol anywhere in the passenger area of your vehicle. This includes the driver’s seat, front passenger seat, and back seat. The vehicle doesn’t even have to be moving. You can get cited while parked on a public road.
What Counts as an Open Container?
An open container is any bottle, can, or receptacle that’s been opened, has a broken seal, or has some contents removed. That re-corked wine bottle from dinner? That’s an open container. A flask? Also an open container.
Where You Can Store Open Containers
You can legally transport open containers in your trunk. No trunk? Put them behind the last upright seat if you have an SUV or hatchback. You can also use a locked glove compartment.
Penalties for Open Container Violations
An open container violation is a Class C misdemeanor. You’re looking at a fine up to $500. But wait, it gets more serious when combined with DWI.
If you’re charged with DWI and have an open container, the minimum jail time increases from 3 days to 6 days. That’s mandatory. The judge can’t reduce it.
Exceptions to Open Container Rules
Passengers can legally have open containers in certain vehicles. Buses, taxis, limousines, and ride-share vehicles used for compensation are allowed. You can also have open containers in the living area of a motorhome or RV.
Recent Changes to Texas Alcohol Laws
Texas has made some updates that make life easier for consumers and businesses.
Alcohol Delivery and To-Go Sales
Restaurants can now sell sealed mixed drinks to-go as long as they come with a food purchase. This became permanent after being introduced during the pandemic. Authorized retailers and restaurants can also deliver alcohol directly to your home.
Hemp-Based THC Products
Here’s where things get interesting. Texas now requires age verification for consumable hemp products sold by businesses with alcohol licenses. You must be 21 or older to buy these products. Violations can result in suspension or revocation of the business’s alcohol license.
New permanent rules are being finalized as of late 2025. These regulations are part of efforts to keep these products away from minors.
Bentley’s Law
This law took effect in September 2023. If you’re convicted of drunk driving and your offense resulted in the death of a parent, you must pay child support. This applies to the children who lost their parent because of your actions.
It’s designed to hold drunk drivers financially accountable. Makes sense, right?
Public Consumption of Alcohol
There’s no statewide ban on drinking alcohol in public in Texas. However, many cities have their own local ordinances. Some areas specifically prohibit public drinking.
State parks don’t allow public alcohol consumption. Many cities ban it in certain downtown areas or during specific events. Check your local laws before walking around with a drink.
How to Stay Compliant
You’re not alone. Most people don’t know all these rules.
First, never drink and drive. Plan ahead for a designated driver, use a ride-share service, or stay where you are. The penalties for DWI are severe and long-lasting.
Second, know the sales hours. Don’t try to buy liquor on Sunday or after hours. You’ll just waste a trip.
Third, store open containers properly. Always put them in the trunk or behind the last seat. Never in the passenger area where you or your passengers sit.
Fourth, if you’re under 21, don’t drink unless your parent or legal guardian is present. Even then, be smart about it.
What Happens If You Break These Laws?
The consequences depend on which law you violated.
DWI convictions come with fines, jail time, license suspension, and mandatory education programs. You might need an ignition interlock device. Your insurance rates will skyrocket. A criminal record can hurt your job prospects and housing opportunities.
Open container violations result in fines and a criminal record. When combined with DWI, they make everything worse.
Underage drinking violations carry fines, community service, and license suspension. Multiple violations increase the penalties each time.
Administrative License Revocation
This is separate from your criminal case. After a DWI arrest, you have only 15 days to request an Administrative License Revocation hearing. If you don’t request this hearing, your license gets automatically suspended.
This happens through the Department of Public Safety, not the courts. You can lose your license even if you’re never convicted of DWI. Honestly, this catches a lot of people by surprise.
Refusing a Chemical Test
Texas has an implied consent law. By driving in Texas, you’ve already consented to chemical testing if arrested for DWI. If you refuse a breath or blood test, you face automatic license suspension.
The suspension lasts longer than if you’d taken the test and failed. First refusal gets you 180 days. Second refusal is 2 years. This is on top of any criminal penalties.
Getting Help
If you’re charged with a DWI or alcohol-related offense, get a lawyer immediately. These cases are complex. The sooner you get legal help, the better your chances of a good outcome.
Time is of the essence. Evidence needs to be preserved. Witnesses need to be interviewed. Administrative deadlines need to be met.
Don’t try to handle this alone. The stakes are too high.
Frequently Asked Questions
Can I drink alcohol as a passenger in a car in Texas?
No. Even passengers can be charged with open container violations. The law applies to everyone in the vehicle, not just the driver. The only exceptions are passengers in buses, taxis, limos, ride-shares, or the living area of an RV.
What’s the difference between DWI and DUI in Texas?
DWI is for adults and means driving while intoxicated with a BAC of 0.08% or higher. DUI is for minors under 21 who have any detectable amount of alcohol in their system. Both are serious charges with different penalties.
Can I buy alcohol on Sunday in Texas?
Yes, but with restrictions. Beer and wine sales start at noon on Sunday at stores. Liquor stores are completely closed on Sundays. Restaurants and bars can serve alcohol starting at 10 AM on Sunday if served with food.
What happens if I’m caught with an open container in my car?
You’ll get a Class C misdemeanor citation with a fine up to $500. If you’re also charged with DWI, the open container increases your minimum jail time from 3 days to 6 days. Both drivers and passengers can be charged.
Do I have to take a breathalyzer test if I’m pulled over?
Technically, you can refuse. But refusing comes with automatic license suspension for 180 days on the first refusal and 2 years on the second. The suspension happens regardless of whether you’re convicted of DWI. Most lawyers say it’s usually better to take the test.
Final Thoughts
Texas alcohol laws are stricter than most people realize. The penalties for violations can seriously impact your life. From when you can buy beer to the consequences of drinking and driving, these rules matter.
Now you know the basics. Remember the Sunday sales restrictions. Never have open containers in your passenger area. And most importantly, never drink and drive. If you’re ever unsure about the rules, look them up or ask a lawyer. It’s way better than learning the hard way.