In Texas, it is illegal for anyone under the age of 21 to drink alcohol. When it comes to driving after drinking, there is no minimum or legal BAC limit for under 21s—an underage driver can be arrested and charged for having any detectable alcohol in their system.

In this article, we’ll cover Texas’ zero-tolerance policy and the consequences of drunk driving for minors according to Texas law.

What Is the Texas Zero Tolerance Law?

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, you can get charged with DUI (Driving Under the Influence of Alcohol).

Texas has strict alcohol laws for minors. If you are under 21, you can get charged with a class C misdemeanor for the following offenses—without even stepping near your vehicle:

• Buying or attempting to buy alcohol
• Drinking an alcoholic beverage
• Public intoxication
• Misrepresenting your age to get alcohol (i.e., using fake identification)

Class C misdemeanors are serious criminal offenses that remain on your record for life. The consequences of underage drinking include 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. 

Legal BAC Limit Under 21 Behind the Wheel in Texas

The adult legal BAC limit of 0.08 does not apply to minors when it comes to Driving Under the Influence (DUI). If you are under 21, Texas’ zero-tolerance law states that you can be arrested and charged for DUI (Driving Under the Influence) if any amount of detectable alcohol is in your system—even if you’re not intoxicated.

The legal Blood Alcohol Content limit for DWI (Driving While Intoxicated) is 0.08—any driver at or past this level is considered legally “intoxicated” and, therefore, committing a DWI offense. As well as getting charged with DUI, an intoxicated underage driver (aged between 17 and 21) can be charged as an adult for DWI.

The Consequences of Refusing a Breath or Blood Test

The implied consent law in Texas means that—upon receiving a driver’s license—a driver automatically consents to having their blood alcohol levels tested if they are arrested on suspicion of DWI. Here’s what the 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.”

As with an adult, a minor can refuse the tests—effectively withdrawing consent. Unfortunately, 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): 2 years

A refusal to provide a specimen may result in other consequences for the minor, including being taken to jail until they appear in court or are bailed out.

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

Penalties for Minors

Texas law treats drunk driving offenses by minors very seriously. The legal consequences of drunk driving depend on the severity of the circumstances. Intoxication assault, intoxication manslaughter, and repeat or habitual violations, for example, all carry heavier penalties.

DUI Punishment for Driver Under 17 Years of Age

Penalties for driving under the influence of alcohol by minors under 17 will increase with each subsequent offense. It’s worth remembering that DUI and DWI convictions remain on your record permanently and can be used at any date in the future to elevate new DWI charges.

1st Offense DUI

A 1st DUI is categorized as a Class C misdemeanor. Penalties include:

• A fine of up to $500
• 20–40 hours of community service
• Driver license suspension for 60–180 days
• Attendance in an Alcohol Awareness Course

2nd Offense DUI

A 2nd DUI is categorized as a Class C misdemeanor. Penalties include:

• A fine of up to $500
• 40–60 hours of community service
• Driver license suspension for 120 days–2 years
• Attendance in an Alcohol Awareness Course

3rd Offense DUI

A 3rd DUI is categorized as Delinquent Conduct by a Minor 10–17 years of age. Penalties include, but are not limited to:

• A fine of up to $500
• 40–60 hours of community service 
• Driver license suspension for 180 days–2 years

Punishment for DWI by a Minor – 17 to 21 Years of Age

The Texas Department of Transportation states that if drivers aged 17–21 are found to have a BAC level of 0.08 or greater, they could be charged for DWI by a minor, which carries the same penalties as DWI for adults.

1st Offense DWI by a Minor

A 1st time DWI is categorized as a Class B misdemeanor. Penalties include:

• A fine of up to $2,000
• Between 3 and 180 days in jail
• Driver license suspension for one year

2nd Offense DWI by a Minor

Second-time DWIs are categorized as Class A misdemeanors. Penalties include:

• A fine of up to $4,000
• Between 30 days and 1 year in jail
• Driver license suspension for 180 days to 18 months

3rd Offense DWI by a Minor

A third or subsequent DWI is categorized as a third-degree felony. Penalties include:

• A fine of up to $10,000
• Between 2 and 10 years in prison
• Driver license suspension for 180 days to 2 years

Legal Consequences for Furnishing Alcohol to Minors

Just as it is illegal for a minor to buy, attempt to buy, or drink alcohol, it is also illegal to give, sell, or furnish an alcoholic beverage to a minor. If you are tempted to provide your underage friends with beer, remember that doing so carries heavy consequences.

Purchasing, furnishing, or selling an alcoholic beverage to a minor, according to the Texas Department of Transportation, is considered a Class A misdemeanor. Penalties include:

• A fine of up to $4,000
• Up to 1 year in jail
• Both fine and jail time.

The Best DWI Defense Strategy in Texas for Minors (Under 21)

If you—or someone you care about—are facing DWI charges, it is crucial that you find an experienced DWI attorney immediately. DWI convictions have collateral consequences that last beyond jail time and hurt more than the initial financial hit.

Be it a Class C misdemeanor or a felony of the third degree, DWI convictions remain on a person’s record forever, creating difficulties in college admissions, career opportunities, and even in securing accommodation.

The good news is that DWI charges do not always result in a conviction. An experienced DWI lawyer will implement strategies that can—at best—get the case against you thrown out. 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 with Michael & Associates today.