Texas has a zero-tolerance policy when it comes to underage drinking and driving.

If your teenager is caught driving with any detectable amount of alcohol in their system, they can be charged with DUI. Furthermore, if they are over 17 and considered legally drunk, they can face DWI charges.

The penalties for minors convicted of alcohol-related driving offenses will depend on various factors, including the defendant’s age and the presence enhancements. Crucially, the penalties will differ depending on whether they’re facing DWI or DUI charges. Both should be taken very seriously as they could potentially have life-long ramifications.

If someone you care about is facing DUI or DWI charges, it’s essential to arm yourself with knowledge of Texas law to help you be aware of what you’re up against. This article will help you understand the potential consequences of both DUI and DWI for minors.

Texas’ Approach to Minors Accused of DWI Offenses

Most states use the terms DUI and DWI interchangeably, but in Texas, these are two distinct offenses.

In Texas, DUI is reserved for underage drinking and driving. Minors can be arrested and charged for Driving Under the Influence if there is any amount of alcohol in their system—even if they are not “intoxicated.” 

Driving While Intoxicated (DWI) is reserved for those who operate a vehicle in a public place while they are legally “intoxicated.” The three elements that must be demonstrated by the prosecution in court are as follows:

• Operating: The car doesn’t have to be moving. If the key is in the ignition, but the car is parked, for example, this can still be considered “operating” the vehicle.
• Public place: You were on a public street or highway or any other place to which the public has access.
• Intoxicated: Intoxication is defined in the Texas Penal Code as having a Blood Alcohol Concentration (BAC) of 0.08 or higher or “not having the normal use of mental or physical faculties…” because of drinking or taking drugs (legal or not).

The penalties associated with a DWI are significantly harsher than those of a DUI. If you are aged between 17 and 20, you can be charged as an adult if you are found driving while intoxicated.

Legal Blood Alcohol Content (BAC) Restrictions for Minors

In Texas, the legal BAC limit for adults is 0.08, but the State has a zero-tolerance policy for minors. This means that there is no legal BAC limit for minors. If a minor is found driving with any detectable amount of alcohol in their system, they can be charged with DUI (Driving Under the Influence).

For minors aged between 17 and 21, a BAC limit of 0.08 or higher could mean facing DWI charges. However, remember that you don’t have to blow 0.08 to be considered legally intoxicated. If the police believe your driving is impaired due to drugs or alcohol, you can still face a DWI.

Penalties for Minors Convicted of DUI

For minors (under 21s), a DUI is usually a Class C misdemeanor.

For a 1^st DUI offense, the penalties are as follows:

• A fine of up to $500
• A 60-day driver’s license suspension
• 20 to 40 hours of community service
• Mandatory alcohol awareness course

 For a 2nd DUI offense, the penalties are as follows:

• A fine of up to $500
• License suspension for 120 days to 2 years
• 40 to 60 hours of community service
• Mandatory alcohol awareness course

A 3^rd or subsequent DUI offense is classified as Delinquent Conduct by a Minor. The penalties include:

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

Penalties for Minors Convicted of DWI

For minors aged between 17 and 21, a BAC of 0.08 or higher or behaving in a way that suggests your driving is impaired due to drinking or taking drugs can result in DWI charges.

The penalties for DWI when charged as an adult are as follows:

1^st offense (Class B Misdemeanor):

• A fine of up to $2,000
• Between 3 days and 180 days in jail
• Driver’s license suspension for 90 days to 1 year

2^nd offense (Class A Misdemeanor):

• A fine of up to $4,000
• Up to one year in jail
• Driver’s license suspension for 180 days to 2 years

3^rd and subsequent offense (Third-degree Felony):

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

Intoxication Assault (Third-degree felony)

The following penalties apply, even if this is a first offense.

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

Intoxication Manslaughter (Second-degree felony)

The following penalties apply, even if this is a first offense.

• A fine of up to $10,000
• Between two and 20 years in prison
• Driver license suspension for 180 days to two years

In addition to the above criminal penalties, DWIs result in administrative fines and collateral consequences, including a permanent criminal record.

Penalties for Refusing Chemical Testing

Texas’ Implied Consent law requires anyone who accepts a driving license to voluntarily submit to BAC testing when legally requested by a police officer.  You still have the right to refuse, but there are consequences.

Refusing to provide a specimen for BAC testing will result in an automatic driver’s license suspension for 180 days. For a second or subsequent refusal offense, the suspension is two years. Additionally, refusing a BAC test could result in being placed in jail until bailed or until you appear before a magistrate or juvenile court.

Note: even if you refuse BAC testing, police officers can apply for a blood search warrant, giving them the right to take a blood sample—by force if necessary.

Community Service for Minors Convicted of DWI

Minors convicted of DUI will face community service as part of their punishment. For a first DUI offense, this is usually between 20 and 40 hours. For a second and subsequent offense, you can be ordered to do between 40 and 60 hours of community service.

If you are over 17 and facing DWI charges, and this is your first offense, you may qualify for deferred adjudication. The program includes conditions such as paying restitution, meeting with a probation officer, and community service. If you complete the program successfully, the charges against you are dismissed. Note that this program is only available to first-time offenders.

Consequences Faced by Parents When Their Children Receive a DWI

A DWI trial is no walk in the park, and a conviction can be devastating for a young person with dreams and aspirations. A DWI conviction will remain on your child’s record permanently, potentially coming up as a barrier to them entering their preferred college, preventing them from getting some professional licenses, reducing their employment opportunities, and even making it difficult for them to secure housing.

As a caring parent, you may find yourself contributing to thousands of dollars in fines. Your child’s license will probably get suspended, and you may be left with no choice but to drive them to school and work.

Finally, if your child is under 17 and has been convicted of a first DUI offense, you may be required to attend an alcohol awareness course with them.

When Are Minors Required to Participate in Alcohol Awareness Programs?

The court can order alcohol awareness courses for all minors convicted of a DUI. Drug and alcohol awareness courses are approved by the Texas Department of Licensing and Regulations and are typically 12 hours in length.

These courses are designed to inform individuals about the dangers of driving under the influence of alcohol and drugs, how these substances affect driving ability, and to help the participants identify their own drinking and driving patterns, with the aim of reducing the probability of future offenses.

The Best Strategy to Protect Minors facing DWI Charges in Texas

If your child is facing DWI charges, the best thing you can do for them is to contact an experienced DWI attorney right now. DWI charges are scary, especially when you think about the consequences of a conviction—but it doesn’t have to get to that!

As bleak as things may seem right now, your child does have options. For a start, a skilled DWI attorney may be able to get the charges dismissed. If, for example, they show that your child was stopped and searched illegally without either reasonable suspicion or probable cause, the evidence gathered by the prosecution can no longer be used in the trial.

If dismissal is not an option in your child’s case, an experienced DWI attorney can come up with a strategy that will result in the best outcome, whether it’s deferred adjudication or lesser charges.

Every DWI by a minor case is different. Call Michael & Associates today, and we’ll set up a free case review so we can have an open and honest discussion about your child’s options.