How Does Texas Law Address Underage Drinking and Driving?

 Posted on May 01, 2023 in Criminal Defense

Texas has strict laws when it comes to underage drinking and driving. Underage drinking is a serious issue in Texas and many other states, and a number of accidents, injuries, and deaths occur every year when minors or others attempt to drive while they are intoxicated. Because of this, Texas law enforcement is cracking down on underage drinking, enforcing strict laws and imposing severe penalties on minors who drink and drive. For those who are under the age of 21, it is important to understand the potential penalties of a DUI or DWI arrest.

Driving Under the Influence of Alcohol by a Minor

In Texas, as in many other states, the Driving While Intoxicated legal limit for blood alcohol content (BAC) is 0.08 percent. However, for minors, Texas has a zero-tolerance policy regarding drinking and driving. This means that a driver who is under the age of 21 and is found to have any trace of alcohol in their system can be charged with DUI.  An adult can be charged only with DWI, but a minor could be charged with DUI or DWI, depending on the level of intoxication.

For minors who are under the age of 17, a DUI is charged as a Class C misdemeanor. A driver who is convicted of this offense may be fined up to $500, and they may be required to perform between 20 and 40 hours of community service. Their driver's license will also be suspended for between 60 and 180 days. For a second offense, a driver may face a $500 fine, 40 to 60 hours of community service, and a license suspension for between 120 days and two years. A third offense will result in the same penalties as a second offense, although the license suspension may last from 180 days to two years. 

Minors who are at least 17 years old and who were found to be driving with a BAC of .08 percent or more will face more severe penalties for DWI, including potential jail time. In these situations, a first offense is a Class B misdemeanor, with fines of up to $2,000, a one-year driver's license suspension, and a jail sentence of between three days and six months. A second offense is a Class A misdemeanor, with up to $4,000 in fines, a driver's license suspension of six to 18 months, and a jail sentence of 30 days to one year. A third offense is a third-degree felony, with fines of up to $10,000, a license suspension of 180 days to two years, and a prison sentence of two to 10 years.

Contact Our Tarrant County Underage DWI Lawyer

If you have been charged with a DWI, it is important to hire an experienced Fort Worth underage DWI defense attorney to represent you during your case. At The Dameron Law Firm, we can review the evidence against you, help you understand the charges you are facing, and defend you against DWI charges in court. We will provide you with guidance through the legal process, helping you minimize the consequences that may affect your driver's license, your criminal record, and your freedom. Contact our office at 817-222-0624 to set up a free consultation and get the legal help you need.

Sources:

https://www.dps.texas.gov/sites/default/files/documents/driverlicense/documents/dl-20.pdf

https://www.txdot.gov/safety/driving-laws/impaired-driving/underage-drinking.html

https://statutes.capitol.texas.gov/Docs/AL/htm/AL.106.htm