In Texas, DWI laws consider anyone who is under the age of 21 to be a minor. In Texas , driving on the roads implies that you are giving police officers implied consent to check your breath or your blood for the presence of alcohol or other drugs. This means that just by driving, you are already agreeing that it is ok for an officer to ask you to take a breath or blood test. If you refuse to do so your driver’s license could be suspended for 180 days on the 1st offense and 2 years on the second. If you do not have a driver’s license, then your driving privileges will be suspended the same number of days or years once you become eligible. Now this doesn’t mean you have to take a test, it is perfectly legal, and sometimes smarter to refuse any test that an officer might want you to take.
Texas has a zero tolerance law for minors and alcohol. That means that if you are not yet 21, that you cannot have ANY alcohol in your system at all. Even if you are under the legal limit of .08. For a 1st offense you could face:
- Suspended TDL for up to 2 years
- A fine of up to $500
- A class involving alcohol education
- An ignition interlock in your vehicle if you do keep your license in some way
- A possible additional suspension through a criminal judge
- And any fines, court costs, probation fees, legal fees that might result from your arrest
If you do get a suspension it is possible to get an occupational license in Texas by going through the criminal court. Whether or not an occupational license is granted will depend on who the judge is, and the facts surrounding your case. If you are in this situation and have a question to whether or not you are eligible, please give me a call at 713-222-2828 and I will be glad to look at your case.
If you are in the unfortunate situation of being a minor (or being the parent of a minor) who is charged with an alcohol related offense, it is very important to hire a criminal defense attorney as soon as possible. Many times there are fast approaching deadlines (like a 15 day deadline to request an Administrative License Revocation Hearing – ALR) that must be dealt with. If certain deadlines are missed, it becomes much more difficult and sometimes impossible to prevent the drivers license from being suspended for some amount of time.
Again, if you have any questions about your particular situation, please call my office at 713-222-2828 and I will do my best to advice you on your next steps.