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Texas driving lesson · Alcohol and Drugs

Minors: testing, DUI & DWI penalties

A 4-minute lesson from the Texas course. Read the rules and examples, follow the handbook page references, and check your understanding before you move on.

Read time
4 minutes
Course unit
Alcohol and Drugs
Checkpoint questions
3
Source pages
63, 78

Minors who drive after drinking face two tracks: an administrative license suspension based on the breath or blood test, and criminal penalties for DUI (any detectable alcohol) or DWI (0.08 or more).

Know the rule

A minor implies consent to give breath or blood specimens if arrested for operating a motor vehicle or watercraft in a public place while intoxicated, or if an officer notices any detectable amount of alcohol while they drive in public.

Handbook p. 63 ↗

Minor refuses a breath or blood specimen

Minor refuses a breath or blood specimen
OffenseLicense suspended (or privilege denied)
1st180 days
2nd and later2 years
Handbook p. 63 ↗

Minor's specimen shows detectable alcohol (under 0.08)

Minor's specimen shows detectable alcohol (under 0.08)
OffenseLicense suspended (or privilege denied)
1st60 days
2nd120 days
3rd and later180 days
Handbook p. 63 ↗

Know the rule

A minor may request a hearing before a hearing officer to contest the suspension.

Handbook p. 63 ↗

DUI by a minor (any detectable alcohol)

DUI by a minor (any detectable alcohol)
OffenseClass and fineAlso
1stClass C, up to $50020–40 hrs service; alcohol course required
2ndClass C, up to $50040–60 hrs service; course may be required
3rd, under 17Class C, up to $50040–60 hrs; or Juvenile Court
3rd, 17 to 21Class B, $500–$2,000Jail up to 180 days; 40–60 hrs service
Handbook p. 63 ↗

Know the rule

On a third DUI at 17 to 21, the license is suspended one year, or 90 days with a judge's order to install an ignition interlock device. No deferred disposition or adjudication on the third offense. On a first DUI by a minor under 18, a parent may also be required to attend the course.

Handbook p. 63 ↗

DWI by a minor (0.08 or more)

DWI by a minor (0.08 or more)
OffenseClass, fine, confinementLicense
1stClass B; up to $2,000; 72 hrs–180 days jail365 days (90 w/ interlock)
2ndClass A; up to $4,000; 30 days–1 year jail180 days–18 months
3rd and later3rd-degree felony; up to $10,000; 2–10 yrs TDCJ180 days–18 months
With passenger under 15State jail felony; up to $10,000; 180 days–2 yrs90 days–1 year
Intoxication assault3rd-degree felony; up to $10,000; 2–10 yrs TDCJ90 days–1 year
Intoxication manslaughter2nd-degree felony; up to $10,000; 2–20 yrs TDCJ180 days–2 years
Handbook p. 63 ↗

Know the rule

On a minor's first DWI the court may probate the jail sentence and waive the suspension (first offense only). Having an open container raises the minimum confinement to six days.

Handbook p. 63 ↗

Driving under the influence (DUI)

In Texas, a Class C misdemeanor a minor can be charged with for driving with any detectable amount of alcohol.

Handbook p. 78 ↗

Put it into practice

A 20-year-old's breath test after a traffic stop shows 0.03. That's under 0.08, but any detectable amount counts for a minor. A first such result means a 60-day suspension, plus a possible DUI charge. Refusing the test would have meant 180 days.

Check your understanding

Read the question, decide on an answer, then open it to check the explanation. These are Roadwise study questions based on the source handbook.

What's the license suspension for a minor's first refusal to give a breath or blood specimen?
  1. 30 days
  2. 60 days
  3. 180 days
  4. 365 days

Answer: 180 days

A minor's first refusal to provide a specimen results in a 180-day suspension.

Handbook p. 63 ↗
A minor provides a specimen confirming a detectable amount of alcohol under 0.08 for the first time. What suspension applies?
  1. 30 days
  2. 120 days
  3. 180 days
  4. 60 days

Answer: 60 days

A minor's first confirmed detectable-amount specimen (below 0.08) results in a 60-day suspension.

Handbook p. 63 ↗
A 16-year-old is convicted of a third DUI (minor) offense. How is it classified?
  1. A Class C misdemeanor
  2. A Class B misdemeanor
  3. A Class A misdemeanor
  4. A third-degree felony

Answer: A Class C misdemeanor

A third DUI offense by a minor under 17 is a Class C misdemeanor (or can go to juvenile court); at 17 to 21 it is Class B.

Handbook p. 63 ↗
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