Was your high school or college student daughter or son arrested for DUI or DWI? In Texas, there is a huge difference between a DUI and DWI. Driving Under the Influence (DUI) is the law solely for minors who drive under the influence with any detectable amount of alcohol. A minor is defined as any person under the age of 21 years old. Therefore, if you are 21 or older and are arrested for driving while intoxicated, you will be charged in Texas with a DWI offense, not a DUI. Texas applies a zero-tolerance policy to drivers who are under the age of 21, and this policy states that “any detectable amount of alcohol” in a minor’s system while operating a motor vehicle is driving under the influence, a criminal offense with serious consequences.
DRINKING AND DRIVING OFFENSES & THEIR CONSEQUENCES
In Texas, there is a zero-tolerance policy towards minors drinking alcohol and using drugs, especially while driving a motor vehicle. A DUI charge is typically reserved for minors, persons under the age of 21 years, but minors aged 17 – 21 years old can also be charged with adult DWI. Both DUIs and DWIs have serious consequences for minors, and they increase with multiple convictions within a 5 year period.
DUI OFFENSES AND PENALTIES
If you are under the age of 18, the minor’s parent(s) or guardian(s) is required to be present with the minor at each court appearance, regardless if a lawyer has been retained or not. All DUI offenses are misdemeanors. Each offense has specific minimum and maximum penalties, but incarceration is usually not an option as a penalty.
| Offense | Fines | Community Service | Driver’s License Suspension | Refusal & Driver’s License Suspension |
| 1st OffenseClass C (M) | Up to $500 | 20 – 40 hours | 60 -180 days | 180 days |
| 2nd Offense Class C (M) | Up to $500 | 40 – 60 hours | 120 days – 2 years | 2 years |
| 3rd Offense | Up to $2000 | 40 – 60 hours | 180 days – 2 years | 2 years |
In addition, attendance in an alcohol awareness course is mandatory for first- and second-time offenders. If the minor is under 18 years old, the parent(s) or guardian(s) may be compelled to attend the course with the minor.
DWI OFFENSES AND PENALTIES
If the minor is between the ages of 17 and 21 years old, then he/she can be charged as an adult. As such, the penalties are much more severe and include incarceration.
| Offense | Fines | Incarceration | Driver’s License Suspension | Refusal & Driver’s License Suspension |
| 1st OffenseClass B (M) | Up to $2,000 | 72 hours – 180 days | 1 year(but could be reduced to 90 days if court orders community service and an IID) | 180 days |
| 2nd Offense Class A (M) | Up to $4,000 | 30 days – 1 year | 180 days – 18 months | 2 years |
| 3rd or Subsequent OffensesFelony (3rd Degree) | Up to $10,000 | 2 – 10 years | 180 days – 2 years | 2 years |
Other penalties can be added to the convicted DWI minor offender’s sentence, including probation and educational classes.
MINORS & NON-DRIVING ALCOHOL-RELATED OFFENSES
The is a so called “zero-tolerance” policy in Texas is not applied to minors and driving while drinking, but it is applied to all alcohol-related activity. It is illegal for a minor to purchase, attempt to purchase, consume, or possess an alcoholic beverage. It is illegal for a minor to falsely identify him or herself as 21 years or older to a person who is either selling or serving alcoholic beverages. It is also illegal for a minor to be intoxicated in the public. This zero tolerance policy is how it is enforced, but it doesn’t mean that we cannot help your high school or college student if arrested for DUI or DWI.
The penalty for non-driving alcohol-related offenses is similar to DUI penalties.
| Offense | Fines | Community Service | Driver’s License Suspension | Alcohol Awareness Course |
| 1st OffenseClass C (M) | Up to $500 | 8 – 12 hours | 30 days | Yes |
| 2nd OffenseClass C (M) | Up to $500 | 20 – 40 hours | 60 days | Yes |
| 3rd Offense(10-17 years old) | Up to $500 | 20 – 40 hours | 60 days | |
| 3rd Offense(17-21 years old)Class B (M) | A fine of $250 – $2,000 | 40 – 60 hours | 180 days |
IMPLIED CONSENT
If you are driving under the influence of either alcohol or drugs, a police officer can request a breath test without your parents’ presence. If you refuse, a warrant can and likely will be requested for a blood test. In Texas, there are also “no refusal” weekends, and during these weekends judges remain on-call to issue warrants without delay for this very reason. According to Texas’ implied consent law, regardless of your age, you consent to the test when you drive the car.
REFUSAL OF CHEMICAL TEST
If you are a minor, like any other driver, you can refuse a breath or blood test upon its request by a law enforcement officer. If you do so, the officer will likely request a warrant for a blood test, arrest you, and hold you in jail until either bond is posted or appearance before a magistrate or juvenile court judge. In addition, your driving privileges will be affected worse than if you had given the test:
- First DUI Offense: driving privileges will be suspended for 180 days.
- No Driver’s License: Texas will not issue a driver’s license until the same period for the suspension has expired.
- Repeat Offender: driving privileges will be suspended for 2 years.
ZERO TOLERANCE
If your breath test indicates less than 0.08 blood alcohol content (BAC), the legal limit for persons aged 21 and older, you can still have your driving privileges suspended for at least 60 days. Texas is a zero-tolerance state, and any indication of alcohol or drugs will result in that suspension. You do have the right to challenge that suspension by requesting a hearing. We routinely win these hearings and avoid license suspensions.
DWI CONVICTION FOR MINORS
Minors who are aged 17 – 21 can be charged with drinking while driving as an adult. As such, the consequences and adult faces, the minor can face, too. This means more jail time and more fines, among other possible penalties. It also means, if convicted, a judge must suspend the minor’s driving privileges for at least 90 days and require an ignition interlock device as a condition of probation, and if the judge fails to penalize the minor with these two requirements, DPS will automatically suspend the minor’s license for one year upon a conviction.
COLLATERAL DAMAGES
As a minor and convicted of a DUI or DWI, the criminal and administrative penalties are hard enough, but there are yet other consequences to keep in mind.
- Education. If you intend to pursue an undergraduate or graduate degree, your financial aid and/or scholarships can be affected by a DUI conviction. If you want housing on campus, that too can be affected negatively, depending on the school and its policies.
- Job/Career. If you are applying for jobs, then a DUI conviction can be problematic with regard to: (1) your background check; and (2) the company’s reputation. Many companies conduct background checks or require you to disclose any criminal convictions. A DUI conviction matters because it can become a question of trustworthiness and liability for the company.
- Auto Insurance. Your auto insurance premiums are likely to increase because you are now deemed a high risk.
ADMINISTRATIVE HEARING
If you have been charged with a DUI, then there is another process separate from the criminal process: the administrative process. Though the administrative process is prompted by the charge of DUI, the outcome of it is independent of the criminal process. The Texas Department of Public Safety will suspend your driver’s license, and you have 15 days from the date of your DUI charge to request a hearing to prevent that suspension. If you do not request a hearing, the DPS will automatically suspend your license for a minimum of 60 days.