DUIs and Teenagers in Texas
Tuesday, Jun 25, 2019 by Brian Laviage
The state of Texas has enacted tough alcohol-related laws for minors. Because it’s illegal for anyone who’s underage to consume alcohol in Texas, the state has enacted alcohol “zero tolerance” rules for drivers under age 21. This means it’s a criminal offense for anyone under the age of 21 to purchase, attempt to purchase, consume or possess an alcoholic beverage, or operate a motor vehicle with ANY amount of alcohol in their system.
The state takes a tough stance on these offenses because of the staggering statistics related to underage drinking. According to a recent survey by the Center for Disease Control (CDC):
- 10 percent of high schoolers nationwide admit to drinking and driving (in Texas, the number is nearly 13 percent). Of those, 85 percent admit to binge drinking.
- While drivers under the age of 21 represent less than 10 percent of total drivers in Texas, they account for 14 percent of all DWI-linked crashes.
- Underage drivers are 17 times more likely to die in a crash when they are over the legal limit of 0.08%.
- 20 percent of teen drivers involved in fatal crashes had some alcohol in their system. Of those, 81 percent were over the legal limit.
As a parent, it’s important to discuss with your child the dangers of drinking and driving. As the statistics above show, most teens who drink do so to get drunk. Provide teens a safe way to get home if they or their driver have been drinking such as picking them up or paying for a ride service like Uber or Lyft. Additionally, it is important that both you and your child understand how the law works for underage drinking in Texas.
How the Law Works
Underage or not, a DUI in Texas is still a criminal offense. However, an underage driver with “any detectable amount of alcohol” in their system can be convicted of driving under the influence, even if they are under the DWI standard for intoxication of a BAC 0.08%.
In order for law enforcement to stop any vehicle, they only requirement needed is reasonable suspicion or probable cause that the driver is inebriated. From there, the office could ask the driver to perform a field sobriety test. However, if the driver is a minor, an officer can take the following steps if he or she believes there is ANY detectable alcohol in the minor’s system:
- Arrest the minor and tow his or her car.
- Handcuff the minor and take him or her to a police department or county jail. From there, the minor is usually given the opportunity to take a breathalyzer test.
- Take the minor to a hospital or clinic for a blood draw.
Under the “implied consent” law in Texas, underage motorists who are lawfully arrested for DUI must submit to blood or breath BAC chemical testing. The type of test given is usually determined by the arresting officer. The specimens are then analyzed to determine the concentration of alcohol or presence of any controlled substances. Additionally, if the minor causes an accident that seriously injures or kills someone, both a breath and blood sample can be required.
If ANY detectable amount of alcohol is in a minor’s system, the following suspensions will be issued for his or her driver’s license:
- First Offense: 60 Days
- Second Offense: 120 Days
- Third and Additional Offenses: 180 Days
Underage drivers who refuse can be jailed until they either appear before a juvenile court judge or post bond. Additional suspensions will also be levied against their driver’s license:
- First Refusal: 180 Days (or delay in obtaining driving privileges if unlicensed)
- Second or Subsequent Refusal: 2 Years
Should your child be taken into custody, they may not be questioned by authorities without the presence of their legal guardian who can also limit questioning in lieu of an attorney being present. Depending on the specifics of the case, an experienced juvenile defense attorney may request a hearing before the judge. During this time, your lawyer will contest whether or not the arresting officer had probable cause to stop and arrest the minor, or if the minor did in fact have any detectable traces of alcohol or drugs in his or her system.
Penalties for DUIs and DWIs Offenses by Minors
It’s important to understand the key differences between a DUI or DWI charge for a minor in Texas. In its most basic form, the severity of the punishment is different between a DUI and DWI, and for minors under 17 years of age and those between the ages of 17 and 20.
The following penalties can be issued:
DUI by a Minor (under the age of 17)
- First Offense
- Class C misdemeanor
- No jail time
- Fine of up to $500 in addition to any court or probation costs
- 20-40 hours of community service
- License suspension period between 60-180 days
- Attendance in an “Alcohol Awareness Course” for the minor and possibly the parent
- Second Offense
- Class C misdemeanor
- Jail time is highly unlikely
- Fine of up to $500 in addition to any court or probation costs
- 40-60 hours of community service
- License suspension period between 120 days - 2 years
- Attendance in an “Alcohol Awareness Course” for the minor and possibly the parent
- Third Offense
- Delinquent Conduct by a Minor 10-17 Years of Age
- Jail time is unlikely
- Fine of up to $2,000 in addition to any court or probation costs
- 40-60 hours of community service
- License suspension period between 180 days to 2 years
DWI by a Minor (17-20 years of age)
- First Offense
- Class B misdemeanor
- Confinement in jail of 72 hours to 180 days
- Fine of up to $2,000 in addition to any court or probation costs
- License suspension for 1 year (may be reduced to 90 days if community supervision and an ignition interlock device is ordered by the court)
- Second Offense
- Class A misdemeanor
- Confinement in jail of 30 days to 1 year
- Fine of up to $4,000 in addition to any court or probation costs
- License suspension for 180 days to 18 months
- Third Offense
- 3rd Degree Felony
- Confinement in the penitentiary of 2-10 years
- Fine of up to $10,000 in addition to any court or probation costs
- License suspension for 180 days to 2 years
Penalties for Non-Driving Alcohol-Related Offenses by Minors
Additionally, the zero tolerance rules for minors in Texas also includes penalties for alcohol-related offenses not related to driving, such as purchasing or attempting to purchase alcohol attempting to use false identification showing the minor is 21 years of age or older, and consuming or possessing alcohol.
The following penalties can be issued:
Non-Driving Alcohol-Related Offenses
- First Offense
- Class C misdemeanor
- No jail time
- Fine of up to $500 in addition to any court or probation costs
- 8-12 hours of community service
- License suspension period for 30 days
- Attendance in an “Alcohol Awareness Course” for the minor
- Second Offense
- Class C misdemeanor
- Jail time is highly unlikely
- Fine of up to $500 in addition to any court or probation costs
- 20-40 hours of community service
- License suspension period for 60 days
- Attendance in an “Alcohol Awareness Course” for the minor
- Third Offense (if under the age of 17)
- Conduct Indicating a Need for Supervision 10-17 Years of Age
- Jail time unlikely
- Fine of up to $500 in addition to any court or probation costs
- 20-40 hours of community service
- License suspension period for 180 days
- Third Offense (if 17 years of age or older but less than 21)
- Class B misdemeanor
- Confinement in jail for up to 180 days
- Fine of up to $2,000 in addition to any court or probation costs
- 40-60 hours of community service
- License suspension period for 180 days
- Not eligible for deferred disposition for a third or additional convictions of Consumption by a Minor
Keep in mind a minor can also be charged as an adult for any alcohol or drug-related offenses. Charges range from a Class B misdemeanor for first offenses to intoxication assault and even intoxication manslaughter depending on the severity of the incident.
Don’t let a conviction derail your child’s future before they have even started out. If your child is faced with a DUI or DWI charge, contact a qualified, experienced juvenile defense lawyer. This lawyer should specialize in DUI and DWI cases, but also have an extensive knowledge of juvenile defense procedures and will fight to ensure your teen receives a fair trial.
