Despite the precautions to prevent those under 21 from consuming alcohol, many find ways around this to drink. Whether this is an act of teenage rebellion or peer pressure, it can be dangerous. Unfortunately, the risk significantly increases when an intoxicated teenager or young adult gets behind the wheel of a car. The penalties for underage DWIs in Texas are severe, and many do not realize that there is a different BAC limit for those under 21. If you’re unfamiliar with these charges, it’s imperative to keep reading to learn more about the penalties and how Houston DWI attorneys can help you through these challenging times.
What Is the Under-21 BAC Rule in Texas?
Across the United States, anyone with a Blood Alcohol Concentration (BAC) at or over 0.08% can face a drunk driving charge. However, a driver with a BAC of less than 0.08% can still face charges if there is alcohol in their system and the officer believes it inhibits their ability to operate a vehicle.
If someone under the age of 21 is found operating a vehicle with any detectable amount of alcohol in their system in Texas, they can face charges. This is because Texas is a zero-tolerance policy state. As such, they will face a Driving Under the Influence of Alcohol by a Minor (DUIA by a Minor) charge.
What Penalties Do Underage Drivers Face?
The penalties you can face for a DUIA by a Minor in Houston will depend on your age, the amount of alcohol in your system, and whether or not you have a prior criminal history, as determined by the Texas Alcoholic Beverage Code, Chapter 106.
Drivers Under 17
Minors under the age of 17 who are found operating a vehicle with alcohol in their systems can expect the following:
- 60-day license suspension
- Up to $500 in fines
- 40 hours of community service
- Mandatory participation in an alcohol awareness course
Drivers Between 17 and 21
Drivers between 17 and 21 who are found driving under the influence of alcohol will face more serious penalties, as this is a Class B misdemeanor. As such, you face up to $2,000 in fines and a one-year license suspension. It’s also important to note that jail time is possible, especially if there are other aggravating factors that make your case more serious. However, if you participate in community service and install an interlock ignition device in your vehicle, the suspension may be reduced to 90 days at the court’s discretion.
What If the BAC Is Over the Legal Limit?
In the event an underage driver is driving with a BAC at or over the legal limit of 0.08%, they can face the same penalties as an adult DWI. This can include a mandatory minimum of three days in jail and the installation of an ignition interlock device in your vehicle.
What Can I Do if I’m Facing Charges Related to the Zero-Tolerance Policy?
If you are under 21 and were caught with alcohol in your system while driving in Harris County, taking the necessary steps to protect yourself is critical. As such, you should do the following:
- Comply with the officer’s orders
- Invoke your right to remain silent
- Contact an experienced criminal defense attorney
You should note that Harris County courts take underage drunk driving very seriously. As such, you can expect to appear in court if you are facing charges.
It’s also necessary to note that another aspect of an underage DUIA case in the Houston area revolves around your driver’s license. After an arrest, you can request an Administrative License Revocation (ALR) hearing, which allows you to fight the suspension. Working with an attorney can help you fight to protect your ability to drive to school or work while your criminal case is pending. Failure to request the hearing within the timeframe will result in the suspension of your license beginning 40 days from the date on which you were charged.
If you’re in legal trouble, the Gonzalez Law Group can help. We understand how complex the legal system can be, so we’re here to help you through this process. Additionally, we will fight for the best possible outcome for your unique circumstances. Contact us today to learn how we can assist you.