Consequences of a Minor DWI in Texas

Getting behind the wheel of a vehicle while under the influence of drugs or alcohol is a criminal offense in Texas. Police can use a variety of chemical tests to determine if an adult is above the legal limit. However, the state has a zero tolerance law for drivers under the age of 21.

In Texas, it is illegal for anyone under the age of 21 to drive a vehicle while intoxicated by any number of drugs, alcohol, or a combination of substances. In accordance with the Texas Alcoholic Beverage Code Ann. § 106.041, there is no legal limit for underage drivers. This means that any trace of alcohol could lead to criminal charges.

For example, if an adult drinks a low-alcohol beer and gets behind the wheel two hours later, it is likely that they will not exceed the legal limit, which is 0.08. There would probably still be a trace of the alcohol, but its presence alone would not constitute an arrest. However, if a minor was pulled over and alcohol was detected in their system, it could lead to an arrest.

This zero tolerance Texas law was amended in 2009 to include vessel incorporation. This means that if a minor is caught driving a boat, jet ski, wet bike, or other vessel with any trace of alcohol in the system, it could be considered a minor DWI.

A juvenile DWI, or zero tolerance DWI, in Texas is classified as a Class C misdemeanor. Penalties for this charge could include a variety of punishments, including a fine of up to $500, as well as attendance at an awareness class. about alcohol and 20 to 40 hours of community service, which would involve educating the public about the misuse of alcohol.

In addition, a minor may face driver’s license suspension after the first conviction for driving underage. The suspension for a first offense would be 60 days and the minor would not be eligible for an occupational license for the first 30 days. This could have a significant impact on her work and education.

In some cases, minors in Texas may be granted the opportunity to attend Teen Court, a diversion program made up of the offender’s peers that provides punishments other than criminal consequences. If the person successfully completes the requirements set forth in the Teen Court, he or she can avoid having a juvenile DWI charge placed on his or her criminal record.

The State of Texas also allows deferred adjudication for a first offense DWI, and this conviction will be expunged from the juvenile’s record upon their 21st birthday. This could be beneficial as the child heads into adult life.

Penalties for violations increase after a second and third violation. A second juvenile DWI conviction could mean attending the class, $500 in fines, 40 to 60 hours of mandatory community service, and a 120-day driver’s license suspension. The minor would not be eligible for an occupational license for the first 90 days of the suspension.

If a minor is convicted of a third offense DWI as a minor, they will not be eligible for deferred adjudication. The minor’s driver’s license would be suspended for 180 days and an occupational license could not be obtained for the entire period of suspension. If the minor is 17 or older, the fine would increase to $2,000 and include jail time of up to 180 days.