Penalties: Minors
For the purpose of driving under the influence (DUI) or driving while intoxicated (DWI), Texas laws distinguish anyone younger than 21 years old as a minor.
Minors and DUI/DWI
Like many states, Texas has a Zero Tolerance Law for minors and alcohol; this means drivers younger than 21 years of age are prohibited from operating motor vehicles with any amount of alcohol or drugs in their systems.
For a 1st offense, you face:
- License suspension not to exceed 1 year.
- Up to a $500 fine.
- An Alcohol Education Program at least 12 hours long (see below).
- An additional 180 days of license suspension if you don’t complete the Alcohol Education program.
- 90 days of license suspension if your judge gives you community service. This means you’ll also have an ignition interlock device (see below).
You can also expect to pay fines, court costs, and legal fees — should your parents hire an attorney for you.
Minors and Other Alcohol Offenses
Pretty much any involvement you have with alcohol can affect your driving privileges in Texas ― including non-driving alcohol offenses.
Examples of non-driving alcohol offenses include:
- Purchasing or attempting to purchase alcohol.
- Lying about your age in an attempt to obtain alcohol.
- Presenting a falsified document stating that you’re 21 years old in an attempt to obtain alcohol.
- Consuming alcohol.
- Possessing alcohol.
- Public intoxication.
Penalties for these offenses are as follows:
- 1st offense: License suspension for 30 days.
- 2nd offense: License suspension for 60 days.
- 3rd offense: License suspension for 180 days.
Penalties: Adults
Just like it does for minors, Texas assigns DWI penalties for drivers 21 years old or older according to the offense number and other situation-specific factors.
Offenses: DWI Alcohol or Drugs
1st Offense
- Up to a $2,000 fine.
- Jail time between 3 days and 180 days.
- License suspension for up to 2 years.
- Annual surcharge up to $2,000 for 3 years to keep your license.
- DWI intervention or education program (see below).
- Possible ignition interlock device (see below).
2nd Offense
- Up to a $4,000 fine.
- Jail time between 1 month and 1 year.
- License suspension up to 2 years.
- Annual surcharge of up to $2,000 for 3 years to keep your license.
- DWI intervention or education program (see below).
- Possible ignition interlock device (see below).
3rd Offense
- Up to a $10,000 fine.
- State prison time between 2 years and 10 years.
- License suspension up to 2 years.
- Annual surcharge of up to $2,000 for 3 years to keep your license.
- DWI intervention or education program (see below).
- Possible ignition interlock device (see below).
DWI with a Child Passenger
If you’re driving while intoxicated with a child younger than 15 years old in your vehicle, you may face:
- Up to a $10,000 fine.
- Jail time up to 2 years.
- License suspension for 180 days.
Administrative Penalties
In Texas you can face other penalties for driving under the influence or refusing a chemical test which are unrelated and in addition to criminal penalties. These penalties are known as Administrative License Revocation (ALR) and are handled by the Department of Public Safety. These are civil penalties which will result in driver’s license suspension for failing or refusing a chemical test. These penalties are in addition to of the outcome of criminal court proceedings.
Failing or Refusing a Chemical Test Penalties
All drivers in Texas are subject to implied consent, which means that if you drive, you’ve implied your consent to a chemical test if law enforcement suspects you’re drunk or otherwise impaired.
If you fail or refuse a chemical test (often a blood or breath test), you will face Administrative License Revocation (ALR), which is a type of license suspension unrelated to your criminal DWI penalties. ALR carries specific penalties for refusing or failing chemical tests.
Chemical Test Refusals
Adults
- 1st offense: 180 days.
- 2nd offense (Refuse or fail test): 2 years.
Minors (Under 21 years old)
- 1st offense: 180 days.
- 2nd offense (Refuse or fail test): 2 years.
Chemical Test Failures
Adults
- 1st offense: 90 days.
- 2nd offense (Refuse or fail test): 1 year.
Minors (Under 21 years old)
- 1st offense: 60 days.
- 2nd offense (Refuse or fail test): 120 days.
ALR Procedures
Here’s how chemical test refusals or failures and ALR usually play out:
- You refuse or fail a chemical test.
- The officer takes your driver’s license and issues you a temporary driving permit.
- You have 15 days to request a hearing, after which any hearing request will be denied.
- If you don’t request a hearing, your license suspension kicks in 40 days after the arrest.
- You’ll eventually pay a $125 fee to get your license back.
Reinstate Your Texas Driver License
Reinstating your Texas driver license after a DWI conviction is fairly straightforward, though by no means quick and easy.
In summary, you must:
- Complete your license suspension or revocation.
- Pay your DWI fines and other court costs.
- Complete your jail sentence or community service hours.
- Complete the DWI Education Program, DWI Intervention Program, or Alcohol Education Program for Minors.
- Pay all applicable license reinstatement and maintenance fees (see below).
License Reinstatement Fees and Other Surcharges
You will face a variety of fees and surcharges related to license reinstatement and maintenance, and some of these depend on your age and circumstances.
For example, everyone must pay a $125 fee for license reinstatement after an Administrative License Revocation (ALR), which can happen whenever you fail or refuse to submit to a chemical test.
You also have the annual surcharges associated with the Driver Responsibility Program. These are the surcharges listed above under “DWI Penalties: Adults” and can range from $1,000 to $2,000 each year for 3 years.
