For adults, the legal limit is 0.08%. It may not seem much different, but for underage drivers, the consequences can be severe for taking just one drink and then driving.
In fact, it is illegal in Texas for anyone under 21 to purchase or attempt to purchase alcohol, consume alcohol, possess alcohol, or represent themselves as over 21 to a person engaged in selling or serving alcoholic beverages.
The State of Texas discriminates between DWI and DUI for this reason. Adults arrested for drinking and driving (or under the influence of drugs or other substances) are charged with DWI. Minors, except for a set of limited circumstances, are charged with a DUI.
The zero-tolerance law also applies to minors operating a boat, watercraft, or airplane. It also applies to those who assemble or operate an amusement park or carnival ride.
Texas has something else as well — it’s called implied consent. According to the law, if you operate a motor vehicle or a watercraft in a public place, you have given implied consent to allow law officers to take one or more breath or blood specimens for analysis if arrested on suspicion of DUI or DWI.
Refusal to provide a specimen will increase the period of license suspension considerably.
Here is a look at why Texas has a zero tolerance law, the penalties if you are convicted, and how an experienced DUI attorney can help you or your children defend against DUI or DWI charges.
Why Does Texas Have a Zero Tolerance Law?
In Texas, nobody under the age of 21 can legally consume alcohol. Therefore, any minor who drinks any alcohol is already breaking the law, and so the BAC for minors is 0.0% — period.
The zero-tolerance law doesn’t just apply to alcohol consumption. It is illegal to operate a vehicle while under the influence of any type of controlled substance or illegal drug, even some common prescription drugs, and over-the-counter medications.
How is DUI Established?
You can be arrested for DUI if you fail a field sobriety test or portable breathalyzer test, the officer believes the driver lacks the physical or mental capacity to operate a vehicle safely, or if the officer smells alcohol on the driver or in the vehicle.
The Penalties for Minors Charged with DWI
Anyone 21 and over with a BAC over 0.08% can be charged with DWI. However, there are times when someone under 21 is charged with a DWI:
- Intoxication assault
- Intoxication manslaughter
- Driver with a passenger under 15 years of age
- BAC over the adult legal limit of 0.08%
Intoxication assault is a third-degree felony that can result in fines of up to $10,000, two to ten years in prison, and a driver’s license suspension of 90 days to one year.
Intoxication manslaughter is a second-degree felony with fines up to $10,000, two to 20 years in prison, and a license suspension of 180 days to two years.
A driver under 21 with a passenger under 15 in the vehicle who tests positive for an intoxicating substance is committing a state jail felony. The fines can reach $10,000, the driver can spend two to ten years in prison, and their license can be suspended anywhere from 90 days to one year.
Law enforcement officers also have the discretion to charge a minor with DWI instead of DUI if the BAC exceeds the adult legal limit of 0.08%. If a minor is charged with DWI, they can be charged the same penalties as an adult.
- First offense – Class B misdemeanor with fines of not more than $2,000, three days to six months in jail, loss of driving privileges for up to a year, and additional fees and expenses.
- Second offense – Class A misdemeanor with fines up to $4,000, 30 days to one year in jail, and driver’s license suspension of 180 days to 18 months.
- Third and subsequent offense – Third-degree felony with fines up to $10,000, two to ten years in prison, and suspension of driving privileges for 180 days to two years.
If the minor driver does not meet these circumstances, the police issue a DUI.
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Penalties for DUI
Law enforcement can stop anyone for probable cause, resulting in a DUI after a stop or an accident.
First Offense
A first-offense DUI is a Class C misdemeanor with the following penalties:
- Up to $500 in fines
- Up to 40 hours of community service
- Attendance at an alcohol awareness course*
- Automatic loss of all driving privileges for 60 days
- A potential additional suspension of two to six months
*Parents may be required to attend, also.
Second Offense
A second-offense DUI is a Class C misdemeanor with the following penalties:
- Fines up to $500
- Up to 60 hours of community service
- Attendance at an alcohol awareness course*
- Automatic loss of all driving privileges for up to 120 days
- A potential additional suspension of four months to two years
Third and Subsequent Offenses
Here’s where it gets tricky. If the driver is under 17, the charge is still a Class C misdemeanor. If the driver is between 17 and 21, it becomes a Class B misdemeanor.
Penalties for those under 17 include:
- Up to $500 in fines
- Up to 60 hours of community service
- Attendance at an alcohol awareness course*
- Automatic loss of all driving privileges for 180 days
*The driver may be transferred instead to Juvenile Court for delinquent conduct.
Penalties for drivers between 17 and 21 years old include:
- Fines from $500 to $2,000
- Up to 60 hours of community service
- Attendance at an alcohol awareness course
- Automatic loss of all driving privileges for up to one year*
*The suspension may be reduced to 90 days with a judge’s order to install an ignition interlock device.
The court cannot give deferred disposition or adjudication (to seek lesser punishment or dismissal of charges) in cases of a third or subsequent arrest for DUI if the driver is between 17 and 21.
Why You Need a Lawyer
Anytime you are charged with a crime, even one seemingly as inconsequential as DUI, you need an experienced criminal attorney to help you develop a defense strategy based on the facts and circumstances of your arrest.
An attorney may uncover evidence showing problems with a breathalyzer or blood alcohol test, identify ways an officer broke protocol and violated your rights, or negotiate a plea deal for a lesser charge.
At the Office of Brett Podolsky, we represent you throughout the criminal justice process, advise you of your options and possible outcomes, and help you petition for an occupational license so you can drive to work or school during your driver’s license suspension.
If you are under 21 and have been charged with a DUI or a DWI, contact our office for help.
