In Texas, it is illegal for anyone under the age of 21 to drink alcohol unless accompanied by a parent, legal guardian, or spouse. 

Our clients are sometimes confused by Texas’ zero-tolerance policy. It means that anyone in a vehicle who is under the age of 21 can be arrested and charged for having any detectable alcohol in their system at all.

You do not have to show signs of intoxication. You don’t even have to be driving.

In this article, we’ll cover Texas’ zero-tolerance policy and the consequences of blood alcohol content testing for minors.

Texas is a Zero-Tolerance State

If you’re under 21, Texas has zero tolerance for driving under the influence of alcohol. Any trace of alcohol at all results in a charge of DUI (Driving Under the Influence of Alcohol.)

Here’s what the Texas Department of Public Safety says about the Zero Tolerance law in Texas:

“The Texas ZERO TOLERANCE law makes it illegal for any minor to operate a motor vehicle, including a watercraft, in a public place while having ANY detectable amount of alcohol in their system.”

In other words, if you are under 21, you don’t have to be drunk at the wheel to get arrested — if the officer has probable cause that you have consumed any alcohol at all, you can be charged with DUI.

If your blood alcohol concentration is .08 or higher, any driver at or past this level (regardless of age) is considered legally “intoxicated” and you will face a more serious charge of DWI. Plus, if you’re 17 or older, you may be charged as an adult rather than a juvenile.

READ MORE: DWI vs. DUI

What Happens If You’re Under 21 and Stopped for DUI?

If a police officer has reasonable suspicion to believe that you’ve consumed any alcohol at all, you can be pulled over. You may be asked to perform field sobriety tests.

If the officer has probable cause to believe there is any trace of alcohol in your system, you may be:

• Handcuffed, taken to the police department or  jail, and required to take a breath test
• Taken to a medical facility for a blood test
• Arrested
• Your driver’s license may be confiscated
• Your car may be towed

What is Implied Consent in Texas?

Implied consent means that a person has not expressly granted permission. According to Texas law, operating a motor vehicle or watercraft in public implicitly grants permission for police officers to take blood or breath specimens when you’re arrested on suspicion of DUI. 

Here’s what the Texas Department of Public Safety says about Implied Consent laws for minors:

“…a minor implies their consent to take one or more breath or blood specimens for analysis if they are arrested for operating a motor vehicle or watercraft in a public place while intoxicated.”

This means that any minor arrested under suspicion of DUI or DWI can legally be tested to determine whether there is any alcohol in your system. 

All 50 states and the District of Columbia have implied consent laws in place.

Can You Refuse a Blood Alcohol Test if You’re Under 21?

As with an adult, a minor can refuse the tests — effectively withdrawing consent. However, refusing BAC tests will result in a suspension of the minor’s driver’s license for:

• 1st Offense (Refusal): 180 Days
• 2nd and subsequent offenses (Refusal): Two years

Refusing a BAC test doesn’t mean the law enforcement officers won’t eventually get a specimen. Police officers with probable cause can obtain a warrant from a judge to take the specimen by force.

Penalties and Consequences for Underage Drinking and Driving in Texas

A DUI or DWI conviction can have long-term consequences because it stays on your criminal record. It will show up on background checks for the rest of your life, and it can also derail college admissions, shut out certain career paths, and even affect whether you can rent an apartment.

There are also serious penalties, including a fine of up to $500, up to 40 hours of community service, mandatory alcohol awareness classes, and suspension of your driver’s license for up to 180 days. 

• A fine of up to $500
• Driver’s license suspension for 30 to 180 days
• 8 to 40 hours of community service
• Mandatory alcohol-awareness classes

These penalties can be triggered by any amount of beer, wine, or liquor. For a second or third offense, your driver’s license could be suspended for 60 to 180 days. If you’re 17 or older, you can also be fined up to $2,000 and face up to 180 days in jail for a third offense.

If you’re under 21 and found to simply be in possession of alcohol, you’ll be charged as a “Minor in Possession of Alcohol” and face the same penalties as if you’d been driving.

With good legal representation, a typical first offense should be fairly easy to resolve. However, you’ll likely need to complete community service, participate in an alcohol awareness class or other mandatory online class, and serve a few months of probation. 

Once these requirements have been completed, your case should ultimately be dismissed and won’t have lasting consequences.

READ MORE: Straight talk about DWI in Texas

How to Beat a DUI or DWI Charge if You’re Under 21

DWI case dismissals are possible, and they do happen — but only with the help of a good defense attorney.

If your case is more complicated, or you’re facing a second or third offense, an experienced legal team will carefully review the details of your case to explore every possible legal defense. These may include:

• Arguing that the officer made the original stop without reasonable suspicion
• Challenging the reliability of testing devices
• Challenging the accuracy of field sobriety tests
• Questioning the officer’s development of probable cause 
• Arguing that a police officer violated your rights during the arrest
• Establishing that a police officer has a history of violations or taking shortcuts
• Defending your constitutional rights
• Questioning potential issues with evidence
• Exploring whether the laboratory that processed your blood made an error

READ MORE: Texas DWI arrest — what to know and how to beat it

You need an attorney in your corner who knows the judges and prosecutors, their strategies and who is willing to negotiate settlements. Michael & Associates has a team of specialists who can analyze every aspect of your case.

DWI case dismissals are possible, and they do happen—but only with the help of a good defense attorney.

Here at Michael & Associates, we have a track record of success in DWI cases. Don’t take a chance on your future. Get your free case review today.