Zero Tolerance Law in Texas

Depending on the state you are charged for a DWI, the laws and penalties can vary. In the state of Texas, it is illegal for a driver to operate their vehicle with a blood alcohol content (BAC) level that is at .08% or above. This can be assessed by a chemical tests to evaluate how much alcohol is in the blood stream. Under the law, it is believed that once a person's BAC reaches .08 or above, they are no longer able to operate their vehicle in a manner that is safe for themselves or for others. This law applies to drivers who are 21 years or older, but what about a drive who is under this age limit?

In Texas, a strong stance is taken against underage driving and the regulations are referred to as Zero Tolerance Law. When Texas says Zero Tolerance, they mean it. This prohibits an underage driver from having ANY amount of alcohol in their system that is detectable. While some states prohibit a certain BAC level, the state doesn't provide much wiggle room.

For a first offense, the penalties are as follows:

  • Class C misdemeanor
  • Fine of $500
  • Alcohol awareness class
  • 20-40 hours of community serviced
  • Driver's license suspension for 60 days

For a second offense, the penalties are as follows:

  • Class C misdemeanor
  • Fine of $500
  • Alcohol awareness class
  • 40-60 hours of community service
  • Driver's license suspension for 120 days.

For a third offense, the penalties are as follows:

  • Not eligible for deferred adjudication
  • Driver's license suspension for 180 days
  • Fine of $500-$2,000
  • Up to 180 days in jail

If you or your child have been accused of an underage drinking and driving, you want defense you can rely on. These charges can put a future on hold and set a young person on the wrong path.

Contact a Houston criminal defense attorney now. I can be reached 24 hours a day, 7 days a week.

Categories: DWI

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