Depending on the state where 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 test to evaluate how much alcohol is in the bloodstream. 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 driver who is under this age limit?
The state of Texas abides by a zero tolerance law. For individuals under the age of 21, it is illegal to possess alcoholic beverages or have any detectable amount of alcohol in their systems while driving a vehicle. The odor alone is enough to be charged with underage drinking.
For a first offense, the penalties are as follows:
- Class C misdemeanor
- Fine of $500
- Alcohol awareness class
- 20-40 hours of community service
- 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 underage drinking and driving, you want a defense you can rely on. These charges can put a future on hold and set a young person on the wrong path.
Contact a Fort Bend County criminal defense attorney 24/7 for help with your case!