What happens if an underage driver is caught with alcohol in Texas?
Under Texas zero tolerance law, a driver under 21 with any detectable amount of alcohol can be charged with driving under the influence of alcohol. Under 17 it is a Class C misdemeanor. Between 17 and 20 it is a Class B misdemeanor. At a BAC of 0.08 percent or more, the charge becomes a standard DWI regardless of age.
- Anyone under 21 in Texas is prohibited from consuming, possessing or purchasing alcohol.
- Under 17: a first DUIA is a Class C misdemeanor, up to a $500 fine, at least 60 days license suspension, up to 40 hours community service and an alcohol awareness course.
- Ages 17 to 20: a Class B misdemeanor, up to 180 days in jail, a fine up to $2,000, and at least a year of license suspension, or 90 days with community service and an ignition interlock device.
- At 0.08 percent BAC or above it is a standard DWI: up to six months in jail, a fine up to $2,000, and a 12 month license suspension.
- Refusing the post arrest chemical test means being held until bond is posted or you appear before a judge, plus a 180 day license suspension.
In Texas and all states throughout the country, anyone under 21 years old is prohibited from consuming, possessing, or purchasing alcohol. However, since underage drinking is prevalent among high school and college students, drunk driving is one of the most common causes of serious and fatal car accidents involving teenagers and young adults.
That is why every state has special “zero tolerance” laws that apply to intoxicated, underage drivers. According to Texas law, underage drivers with “any detectable amount of alcohol” in their system can be charged with driving under the influence of alcohol (DUIA).
If an underage driver is under 17 years old, a DUIA is a Class C misdemeanor. A first offense is punishable by a maximum fine of $500, driver’s license suspension for at least 60 days, up to 40 hours of community service, and enrollment in an alcohol awareness course.
If an underage driver is between 17 and 20 years of age, a DUIA is a Class B misdemeanor. A first offense carries a maximum jail sentence of 180 days, a fine of up to $2,000, driver’s license suspension for at least one year (or 90 days if the defendant agrees to community service and ignition interlock device (IID) installation.
On the other hand, if an underage driver’s blood alcohol content (BAC) is a minimum of .08 percent at the time of the arrest, he/she will be charged with a standard DWI in Texas. A first offense is punishable by a maximum jail term of six months, a fine of up to $2,000, and driver’s license suspension for 12 months.
Under Texas’ implied consent laws, if an underage driver refuses to take a post-arrest chemical test, he/she will be placed in jail and held there until bond is posted or until he/she appears before a Juvenile Court judge or magistrate. In addition, his/her driver’s license will be suspended for 180 days.
Common questions
What is the legal limit for an underage driver in Texas?
There is none in practical terms. Under the zero tolerance law an underage driver with any detectable amount of alcohol in their system can be charged with driving under the influence of alcohol.
Does age change the charge?
Yes. Under 17, a first DUIA is a Class C misdemeanor. Between 17 and 20 it is a Class B misdemeanor carrying up to 180 days in jail and a fine up to $2,000.
What happens if an underage driver refuses a chemical test?
They will be placed in jail and held until bond is posted or until they appear before a Juvenile Court judge or magistrate, and their driver license will be suspended for 180 days.
The law this article describes, at the source. Every figure above can be checked against it.
This article is general legal information about Texas law, not legal advice about your case. Reading it does not create an attorney-client relationship. Laws change, so confirm the current rule with a licensed Texas criminal defense attorney about your specific facts. Request a free case review.