Underage Drinking & Driving

When discussing underage drinking and driving in Texas, it is important to note the distinction between a DUI (driving under the influence) and a DWI (driving while intoxicated). Most states do not distinguish between the two charges, but Texas does. In Texas, a DUI charge is only given to an underage drinker, while a DWI charge can be given to anyone who is driving impaired because of alcohol or drugs.

While underage drivers only make up 10% of all of Texas drivers, they unfortunately account for 14% of DUI-related deaths. DUI standards and consequences are stricter and harsher for those under 21, mainly due to the disproportionate numbers and the fact that people under 21 should not be drinking at all, much less drinking and driving.

Texas abides by a zero tolerance rule when it comes to underage DUI. If any driver who is under 21 has a blood alcohol concentration (BAC) above 00.00%, he or she can be charged and arrested for DUI. Additionally, if an underage driver has a significantly higher BAC and is clearly intoxicated and unable to safely operate a vehicle, he or she can be charged with a DWI.

If you or someone you know has been charged with an underage DUI, here are the consequences you can expect based on how many times the individual has been charged.

First Offense:

3-180 days in jail
A fine of up to $2,000
License suspended up to 90 days

Second Offense:

Up to 1 year in jail
A fine of up to $4,000
License suspended from 3 days to a year

There could be additional consequences if other factors are taken into account when the DUI arrest is made. Underage drinkers can also be charged with giving alcohol to other minors, being a minor in possession, soliciting alcohol, child endangerment, possession of a fake ID, and other moving violations. All of these charges can increase the severity of the punishment. In addition to all of these consequences, a person charged with underage DUI will have to deal with court costs; drug, alcohol, and defensive driving classes; possible community service; an increase in insurance costs; and a variety of other consequences.

Additionally, underage drivers who receive DUIs may be required to disclose their DUI on college applications, job applications, or requests for financial aid. An underage DUI can and will negatively affect the rest of your life in a big way. So whether you’re underage and are tempted to drink and drive, or whether you’re a parent of an underage driver who is requesting permission to drink, think twice. The consequences alone are not worth the risk, not to mention that many lives are at stake when anyone, underage or not, drinks and drives.

If you find yourself facing an underage DUI charge, you need a lawyer who is experienced with Texas DUI and DWI laws. Charlie Burgess is here to help you face this stressful time and take care of the hard work by representing you in your underage DUI case.