WHAT IS DUI MINOR IN TEXAS?
Minors can’t drink and drive in Texas. DUI minor is a criminal misdemeanor offense in Texas law, that applies to drivers under 21 who operate a vehicle with any amount of alcohol in their system.
Strict zero tolerance policies means there is no blood alcohol level requirement for underage drivers in Texas. Minors are subject to criminal prosecution, a DUI driver’s license suspension, and a devastating permanent conviction if they drive after drinking any amount of alcohol.
For minors in Texas, this could mean rejected college applications, loss of employment, and refused military admission.
- If you are under the age of 21 and have any detectable amount of alcohol you may be charged with? With the criminal offense of DUI by a minor under 21, which is commonly just called “driving under the influence,” or “DUI minor.”
If you are under the age of 21 and have any detectable amount of alcohol you may be charged with other Texas underage drinking offenses as well, including Consumption of Alcohol by a Minor (MIC), and Possession of Alcohol by a Minor (MIP).
- What is the penal code for DUI under 21 in Texas? The penal code for DUI under 21 is Texas Alcoholic Beverage Code § 106.041 – Driving or Operating Watercraft Under the Influence of Alcohol by a Minor. The law for DUI under 21 in Texas is actually contained in the TABC code and not the state’s penal code.
WHAT HAPPENS IF YOU GET A DUI UNDER 21 IN TEXAS?
If a minor gets a DUI under 21 in Texas they are subject to arrest and other serious penalties. These include hundreds of dollars in fines, sobriety monitoring, alcohol awareness classes, and a driver’s license suspension.
Additionally, an underage DUI conviction can devastate a minor’s permanent record, creating significant job background check and college admission problems.
- Is DUI a minor traffic violation in Texas? No, DUI minor is a serious criminal offense deserving careful consideration and a proactive legal strategy!
Do not disregard a DUI minor court date as doing so can result in an arrest warrant and additional criminal charges. Do not just “pay the ticket” as doing so can create an irreparable permanent record.
Those facing DUI under 21 charges should instead consult an experienced Texas DUI minor attorney to protect their future.
WHAT IS THE LEGAL BAC LIMIT FOR TEXAS DRIVERS UNDER THE AGE OF 21?
The legal BAC limit for Texas drivers under age 21 is 0.00. This is the only legal BAC for teen drivers. Minors who drive a vehicle with a BAC of 0.01 are subject to criminal DUI under 21 charges.
Police don’t need a BAC for DUI minor charges – they only need a “detectable” amount of alcohol! This means officers can arrest a teen or under 21 driver who merely admits to drinking or smells like alcohol.
- What does the zero tolerance law mean for drivers under 21? It means drivers under 21 can not drink any alcohol and get behind the wheel. If they do, police can arrest them for DUI by a minor even if they are not drunk or under the visible effects of alcohol.
Possession and consumption of alcohol by minors is prohibited by Texas zero tolerance laws.
WHAT HAPPENS IF A MINOR REFUSES TO PROVIDE A BREATH OR BLOOD SPECIMEN?
If a minor driver under the age of 21 refuses to provide a breath or blood specimen to a police officer they will receive a driver’s license suspension by the Texas Department of Public Safety. Teen drivers and motorists under age 21 should always contest this suspension by requesting an Administrative License Revocation hearing (ALR hearing).
A Texas driver’s license is an essential resource for Texas teens to go to work or attend school. It is illegal to drive with a suspended license in Texas.
- Does a minor under 21 years old have the same legal BAC limit as an adult? No. A minor under 21 years of age may not drive with any BAC. In other words, they must be completely sober, or 0.00 BAC.
The BAC limit for adult drivers in Texas is 0.08.
Texas teens and those under 21 years old who drive a vehicle with any BAC level are subject to criminal DUI by a minor charges.
PENALTIES FOR DUI BY A MINOR IN TEXAS
DUI by a minor is a class C misdemeanor punishable by arrest, a maximum $500 fine, a driver’s license suspension and a permanent criminal conviction in Texas.
In addition to these legal penalties, Texas courts often impose drug and alcohol awareness, sobriety monitoring, and community service as punishment.
Minors with 2 or more prior convictions are subject to a maximum 180 days in jail and $2,000 fine in Texas.
- Will I get kicked out of college for DUI by a minor? Yes, Texas colleges and universities can impose many disciplinary measures for criminal convictions, including expulsion in some cases.
Furthermore, the top universities in the state have competitive admission criteria and can freely exclude applicants for criminal records, including for DUI minor offenses.
CAN A MINOR BE CHARGED WITH DWI IN TEXAS?
Yes, drivers under 21 can face DWI charges if they operate a motor vehicle with a BAC of at least 0.08, or if they are otherwise intoxicated.
DUI by a minor and DWI are two distinct criminal offenses. They are nonetheless equally devastating for Texas teens, students, and minors under 21 years of age. Those facing DUI by a minor or DWI charges should consult an experienced Texas criminal defense lawyer to protect their future.
BEST TEXAS DUI LAWYERS
Trey Porter Law provides powerful representation for minors charged with DUI, DWI and other underage alcohol offenses in Texas. Dismissal is our #1 goal. The award-winning lawyers at Trey Porter Law have over 40 years of experience fighting and winning criminal cases across Texas. Don’t let a one-time mistake destroy college admissions and professional opportunities. Contact our team now to discuss a strategy to win your case and expunge your record.
