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
| Offense | License suspended (or privilege denied) |
|---|---|
| 1st | 180 days |
| 2nd and later | 2 years |
Minor's specimen shows detectable alcohol (under 0.08)
| Offense | License suspended (or privilege denied) |
|---|---|
| 1st | 60 days |
| 2nd | 120 days |
| 3rd and later | 180 days |
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)
| Offense | Class and fine | Also |
|---|---|---|
| 1st | Class C, up to $500 | 20–40 hrs service; alcohol course required |
| 2nd | Class C, up to $500 | 40–60 hrs service; course may be required |
| 3rd, under 17 | Class C, up to $500 | 40–60 hrs; or Juvenile Court |
| 3rd, 17 to 21 | Class B, $500–$2,000 | Jail up to 180 days; 40–60 hrs service |
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)
| Offense | Class, fine, confinement | License |
|---|---|---|
| 1st | Class B; up to $2,000; 72 hrs–180 days jail | 365 days (90 w/ interlock) |
| 2nd | Class A; up to $4,000; 30 days–1 year jail | 180 days–18 months |
| 3rd and later | 3rd-degree felony; up to $10,000; 2–10 yrs TDCJ | 180 days–18 months |
| With passenger under 15 | State jail felony; up to $10,000; 180 days–2 yrs | 90 days–1 year |
| Intoxication assault | 3rd-degree felony; up to $10,000; 2–10 yrs TDCJ | 90 days–1 year |
| Intoxication manslaughter | 2nd-degree felony; up to $10,000; 2–20 yrs TDCJ | 180 days–2 years |
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.