First Offense (Class C Misdemeanor):

• 30 day suspension of driver’s license

• Up to $500 fine
• Between 20 and 40 hours of community service
• Must attend alcohol-awareness classes

Second Offense (Also a Class C Misdemeanor):

• 120 day suspension of driver’s license
• Up to $500 fine
• Between 40 and 60 hours of community service
• May have to attend more alcohol-awareness classes

The third offense penalties change depending on the age of the offender. No matter what age they are their license will be suspended for 180 days. If they are 17 or older it is considered a Class B Misdemeanor and the fine can range from $500 to $2,000. Also, if they are 17 or older they can also face up to 180 days in jail.

When a Minor Can Be Charged with DWI

If someone under 21 years of age is arrested with a Blood Alcohol Content (BAC) of 0.08% or higher they will face the same penalties as an adult driver and will be charged with a DWI instead of a DUI. BAC is determined using a blood or breath test. A DWI has stronger penalties and a driver under 21 years old will face additional charges related to underage drinking.

Underage drinking is a widespread problem in Texas. Texas has different laws for drinking and driving depending on the age and the Blood Alcohol Content of the offender. Texas is a zero-tolerance state, which mean that underage drivers getting caught after consuming any amount of alcohol will be prosecuted for DUI.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about Texas DUI Law.