Texas Alcoholic Beverage Code Offenses 106.041 – Driving or Operating Watercraft Under the Influence of Alcohol by a Minor (“DUI“)

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/ Texas Alcoholic Beverage Code Offenses 106.041 – Driving or Operating Watercraft Under the Influence of Alcohol by a Minor (“DUI“)

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Texas Alcoholic Beverage Code Offenses 106.041 – Driving or Operating Watercraft Under the Influence of Alcohol by a Minor (“DUI“)

WHAT IS DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR IN TEXAS?

The Texas law against driving or operating a watercraft under the influence of alcohol, also called “DUI,” prohibits minors under 21 from operating a motor vehicle or watercraft with any detectable amount of alcohol in their system.

What is the legal limit for DUI in Texas? The legal limit for a minor in Texas is 0.0, meaning minors can be charged with DUI for driving after consuming any amount of alcohol. Learn more.

WHAT IS THE DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR LAW IN TEXAS?

Texas Alcoholic Beverage Code § 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR.

(a) A minor commits an offense if the minor operates a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the minor’s system.

(b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor.

(c) If it is shown at the trial of the defendant that the defendant is a minor who is not a child and who has been previously convicted at least twice of an offense under this section, the offense is punishable by:

(1) a fine of not less than $500 or more than $2,000;

(2) confinement in jail for a term not to exceed 180 days; or

(3) both the fine and confinement.

(d) In addition to any fine and any order issued under Section 106.115, the court shall order a minor convicted of an offense under this section to perform community service for:

(1) not less than 20 or more than 40 hours, if the minor has not been previously convicted of an offense under this section; or

(2) not less than 40 or more than 60 hours, if the minor has been previously convicted of an offense under this section.

(e) Community service ordered under this section must be related to education about or prevention of misuse of alcohol.

(f) A minor who commits an offense under this section and who has been previously convicted twice or more of offenses under this section is not eligible for deferred disposition or deferred adjudication.

(g) An offense under this section is not a lesser included offense under Section 49.04, 49.045, or 49.06, Penal Code.

(h) For the purpose of determining whether a minor has been previously convicted of an offense under this section:

(1) an adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered a conviction under this section; and

(2) an order of deferred disposition for an offense alleged under this section is considered a conviction of an offense under this section.

(i) A peace officer who is charging a minor with committing an offense under this section is not required to take the minor into custody but may issue a citation to the minor that contains written notice of the time and place the minor must appear before a magistrate, the name and address of the minor charged, and the offense charged.

WHAT IS THE PENALTY CLASS FOR DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR IN TEXAS?

Driving or operating a watercraft under the influence of alcohol by a minor, or DUI, is a Class C misdemeanor for the first offense, punishable by a maximum $500 fine. If a minor over the age of 17 but under 21 has been previously convicted of or given deferred adjudication twice for DUI, a third DUI charge is a Class B misdemeanor, punishable by up to 180 days in county jail.

WHAT IS THE PUNISHMENT RANGE FOR DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR IN TEXAS?

The punishment range for the first and second DUI conviction is a maximum $500 fine, and no jail time. A third conviction for driving or operating a watercraft under the influence of alcohol by a minor over 17 carries up to 180 days in jail, and a fine between $500 and $2,000.

WHAT ARE THE PENALTIES FOR DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR IN TEXAS?

A minor charged with driving or operating a watercraft under the influence of alcohol as a Class C misdemeanor may be eligible for deferred adjudication for a period not to exceed 180 days.

If a person between the ages of 17 and 21 is charged with his or her third DUI, a Class B misdemeanor, the person may be eligible for probation after a conviction for a period not to exceed two years. A minor charged with his or her third DUI is not eligible for deferred adjudication or deferred disposition.

Texas law requires minors convicted of DUI to perform 20 to 40 hours of community service for the first conviction, and between 40 and 60 hours for a subsequent DUI conviction.

Can a person be kicked out of the military for a DUI? A DUI or DWI charge will not automatically get a person dishonorably discharged from the military, but an accused could be subject to court-martial or non-judicial punishment. Learn more.

WHAT ARE THE DEFENSES TO DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR IN TEXAS?

The DUI statute does not authorize specific defenses to driving or operating a watercraft under the influence of alcohol by a minor. A person accused thereof may attempt to negate at least one of the elements the State must prove at trial.

Is a minor required to submit to a blood test if arrested for DUI in Texas? Texas law permits a person to refuse a blood or breath test if arrested for driving while intoxicated. But pursuant to Texas Transportation Code Section 724.012, police may obtain a warrant based on probable cause to extract a specimen of an arrestee’s blood. The Transportation Code also requires a person’s license to be suspended for 180 days if the person refuses to consent to the taking of a blood or breath specimen. Learn more.In Mitchell v. Wisconsin, the U.S. Supreme Court held that unconscious drivers suspected of drunk driving are subject to warrantless blood draws due to exigent circumstances, and a compelling need of the State to promote the paramount interest of highway safety.

Will a person’s license be suspended for a DUI in Texas? Texas Alcoholic Beverage Code Section 106.115 requires a minor’s license to be suspended if the minor is charged with DUI under certain circumstances. Learn more.

WHAT IS THE STATUTE OF LIMITATIONS FOR DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR IN TEXAS?

The limitation period for driving or operating watercraft under the influence of alcohol by minor is two years.

DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR IN TEXAS

Texas law punishes minors under 21 who drive a vehicle or operate a watercraft with any detectable amount of alcohol in their system.

TEXAS DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR COURT CASES

The case law regarding driving or operating watercraft under the influence of alcohol by minor in Texas shows a minor may also be charged with the higher offense of driving while intoxicated.

In Findlay v. State, the defendant was arrested for driving while intoxicated five months before he turned 21 years old. He argued he should have been charged with DUI rather than DWI, because he was still a minor at the time of the offense. The appellate court disagreed, and held the two statutes were not in pari materia. The defendant could be charged with DWI, even as a minor. Learn more.

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CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15

Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.

CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15+

Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest.

CHARGES DISMISSED

DWI 2ND

Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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