Driving Under the Influence - Civil Case:

Texas has long been known as a “zero tolerance” state meaning that minors (anyone under 21 years of age) are not permitted to consume any alcohol and drive a vehicle.

The Department of Public Safety adheres to this public policy and will suspend the driver’s license of any minor who is found to be operating a vehicle after consuming any amount of alcohol. In other words, if an officer testifies that he could smell and odor of alcohol coming from a minor’s breath the Department of Public Safety can suspend the license automatically for 60 - 120 days. Generally, an officer will simply give a citation to a minor if he feels that they have only consumed a small amount of alcohol and release them to an adult. However, if the officer feels that the minor is possibly intoxicated, that individual can be arrested for DWI.

Intoxication is not an element of Driving Under the Influence. If an ALR hearing is requested, the Department of Public Safety is only required to prove that the officer had 1) a reason to stop the car and 2) a reason to believe that the minor had consumed any amount of alcohol.