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Zero Tolerance Law in Texas

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 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 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 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!


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