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DWI Under 21

The law states that a minor commits an offense if he or she operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor's system.

If you're under 21, here's what happens the first time you are stopped for drinking and driving.

  • 60-day driver's license suspension
  • up to a $500 fine
  • 20 to 40 hours of community service
  • mandatory attendance in alcohol-awareness classes

If you're under 21, here's what happens the first time you are found in possession of alcohol.

Any amount of beer, wine or liquor will trigger these penalties.

  • 30-day driver's license suspension
  • up to a $500 fine
  • 8 to 12 hours of community service
  • mandatory attendance in alcohol-awareness classes

First Offense Under 18: If you are under age 18 the court will require your parent or guardian to be present with you at every court appearance. Furthermore, the parent or guardian can be forced to attend by the court. Upon conviction, a minor may be fined, and will be required to complete a minimum of 20 and a maximum of 40 hours community service related to education about or prevention of misuse of alcohol. Additionally, the minor will be required to attend an alcohol awareness program sponsored by the Texas Commission on Alcohol and Drug Abuse within 90 days. Furthermore, if the minor is under age 18, the court may require the minor's parent or guardian to attend the program with the minor. If the minor fails to complete the alcohol awareness course within the 90 day period the court may impose an additional license suspension up to six months. For a first offense the minor may receive deferred adjudication, however, an order of deferred adjudication for DUI is considered a conviction. If the minor receives only one conviction for DUI (while a minor), that conviction may be expunged from his record after his 21st birthday.

If you're under 18, here's what happens if you're stopped for drinking and driving with a blood alcohol concentration of .08 or greater.

Some people, particularly teenagers, can reach a .08 BAC with two or three beers an hour.

  • up to a $2,000 fine
  • 72 hours to 180 days in jail
  • driver's license suspension of 90 days to one year

Other Possible First Offender Penalties:

First Offense DWI with an open alcohol container:

  • All the penalties referenced under First Offense (above), plus:
  • A minimum 6 days in jail.

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