In Texas, drivers under the age of 21 can face DUI charges if they are found with any amount of detectable alcohol in their system, even if their blood alcohol concentration is less than the standard legal limit. This is because Texas, like many states, implements a strong, Zero-Tolerance policy for underage drunk driving. Those convicted of this offense can face license suspensions, fines, community service, and even potential jail time. As a result, it is important to understand the consequences of an underage DUI in Texas. Read on to learn more.
What are the Consequences of an Underage DUI?
In Texas, those who drink alcohol under the age of 21 can face charges for driving under the influence. While a driver over the age of 21 will face charges with a blood alcohol concentration (BAC) of .08% or higher, an individual under the age of 21 can face charges for driving with any detectable amount of alcohol in their system.
Texas follows a “zero-tolerance” policy for underage drinking and driving. This means that any detectable amount of alcohol, even as little as a BAC of 0.01%, can result in criminal charges, license suspensions, or other long-term complications.
What Is Texas’s Zero-Tolerance Law?
- Texas law prohibits underage drivers from operating a vehicle with any amount of detectable alcohol in their system
- Adult drivers are generally charged with a DWI with a BAC of 0.08% or higher
- Underage drivers can face DUIA charges with any detectable amount of alcohol in their systems
- Repeat offenders can face harsher penalties
- A conviction can have lasting impacts on scholarships, college admission, employment, and insurance
DUI by a Minor Under the Age of 17
If you receive a DUIA while under the age of 17, you can expect to face at least a 60-day license suspension, as well as a $500 fine, up to 40 hours of community services, and participation in an “Alcohol Awareness Course.”
Additional Consequences for Drivers Under 17
- Potential impact on eligibility for future driver’s licenses
- Increased insurance premiums for parents or guardians
- Potential disciplinary action at school
- Mandatory court appearance
- Juvenile record, in some instances
DUI by a Minor Between the Ages of 17-20
In this case, you will most likely face a Class B misdemeanor, which comes with even harsher penalties. You may face up to 180 days in jail, up to $2,000 in fines, and at least a 1-year license suspension. That being said, under certain circumstances, if you use an ignition interlock device and participate in community supervision, your suspension may be reduced to 90 days.
Potential Long-Term Impacts of an Underage DUI Conviction
- Permanent criminal record potential
- Difficulty obtaining professional licenses
- Complications with military enlistment opportunities
- Immigration impacts for non-citizens
- Potential travel restrictions
- Higher auto insurance costs
- Difficulty obtaining internships or employment
How Do DUI and DWI Differ in Texas?
It’s important to understand that, while many people use the terms DWI and DUI interchangeably, these are two different offenses under Texas law. Understanding how they differ is critical, as they both carry different legal standards and subsequent penalties, depending on the age of the driver and the level of intoxication.
DUI vs. DWI
- DUIA (Driving Under the Influence of Alcohol by a Minor) typically applies to drivers under the age of 21 with any amount of detectable alcohol in their system
- DWI (Driving While Intoxicated) applies when a driver is at or over the legal limit of 0.08%
- Underage drivers can still face a DWI if they are significantly impaired
- DWI penalties are harsher than DUI penalties
- A DWI conviction carries the potential for jail time, probation, ignition interlock devices, and hefty fines
What Should You Do After an Underage DUI Arrest in Houston?
If you are arrested for an underage DUI in Houston, Pasadena, Deer Park, or any other Harris County community, understanding your legal rights is critical. The steps you take in the immediate aftermath of an arrest can significantly impact your future and legal rights.
Steps to Take After an Underage DUI Arrest
- Do not argue with law enforcement
- Do not admit guilt
- Invoke your right to remain silent
- Ask for an attorney
- Do not sign documents without having an attorney review them
- Keep copies of all documents received during this process
- Attend all scheduled court appearances
- Comply with all court orders
Can an Underage DUI be Dismissed in Texas?
In some circumstances, an underage DUI charge may be reduced or dismissed, depending on the facts of the case. Because every case is different, the court will consider prior offenses, BAC levels, police procedures, and evidence.
In some cases, prosecutors in Southeast Texas may reduce or dismiss charges if law enforcement lacked reasonable suspicion or failed to properly administer sobriety tests during the traffic stop.
Common Defense Strategies in Underage DUI Cases
- Disputing the legality of the initial traffic stop
- Challenging the legitimacy of the breathalyzer device or administration
- Arguing insufficient evidence
What Do I Do if I Am Facing Charges for an Underage DUI in Houston?
If you are facing charges for an underage DUI in Houston or the surrounding Southeastern Texas area, it is important to reach out to an experienced criminal defense attorney immediately. At the Gonzalez Law Group, we understand how difficult these charges can be, which is why we will explore all potential options to help you fight for the best possible outcome. Contact our firm today to learn more about your legal options.