Texas adheres to a zero-tolerance policy related to underage drinking and driving.

A DUI is driving under the influence, and impaired by drugs or alcohol when you are under 21. Other states treat DUIs and DWIs the same, though Texas reserves DUI charges for underage drinking and driving.

Under the Texas Traffic Code, DUIs are only charged to minors when any amount of alcohol is found in their system. Typical DWIs are based on a person’s blood alcohol concentration (BAC) level, though a person under the age of 21 with a BAC of .08 percent or greater can also be charged with driving while under the influence (DWI).

What is a DWI in Texas?

A DWI is driving while under the influence of alcohol or drugs over the age of 21 with a blood alcohol concentration (BAC) level of .08 percent. It is a more serious crime in Texas than a DUI, with more significant penalties.

A first-time offender, for example, could face a fine of up to $2,000 and a jail sentence between three days and more than a year; license suspension and an annual fee of $1,000 or $2,000 for three years to retain a driver’s license.
Any subsequent offenses—say a second, third or more—will result in more expensive fines and increased jail time. Other penalties might include a drug or alcohol treatment program or rehabilitation if a person’s BAC exceeds the legal limit.

When Are You Considered Impaired?

Driving while intoxicated and under the effects of alcohol or drugs pose a danger to other people on the road.
According to the Texas Penal Code, you are considered under the influence if you have a BAC of .08 percent or more based on a blood, breath, or urine test and if you are experiencing loss of your mental or physical faculties while driving. This applies to cars, boats, and machinery.

Texas follows a strict zero-tolerance policy for individuals under the age of 21. Therefore, any alcohol or drugs in your system is enough to convict you of a DUI.

What Are the Consequences of a DUI or DWI?

There are different DUI and DWI offenses. A first-time DWI, also a class B misdemeanor, could result in a license suspension, a $2,000 fine, and three to 180 days in jail. If any injuries occurred, you are looking at felony charges and steeper fines, and more jail time.

Underage drinking and driving is typically a class C misdemeanor, resulting in possible license suspension and a $500 fine. An underage driver can also receive a DWI charge if their BAC exceeds the legal limit, and other costs are possible if any injuries occur.

Additionally, community service or an educational program related to alcohol or drugs might be possible.
Whether a DUI or DWI, you’ll need the representation of an experienced attorney to lessen the impact of your charge. Speak with our dedicated dwi advocate to discuss your case: (254) 323-5506.