Texas has a zero-tolerance policy for underage drinking and driving, making DUIA (Driving Under the Influence of Alcohol by a Minor) a serious offense for drivers under 21. Unlike other traffic violations, a DUIA charge can have lasting consequences, including fines, license suspension, and a mark on your record.
Our DUIA defense attorney, RJ Harber, helps individuals fight these charges and work toward the best possible outcome. Contact us today for a free consultation.
Texas DUI Laws
Under Texas Alcoholic Beverage Code § 106.041, minors (under 21) commit an offense if they operate a motor vehicle with any amount of alcohol in their system in a public place.
Even a trace amount of alcohol—far below the legal BAC limit for adults—can lead to a charge of Driving Under the Influence of Alcohol by a Minor (DUIA). Unlike DWI offenses, DUIA does not require proof of intoxication, only that the minor had alcohol in their system while driving.
This is different from DWI (Driving While Intoxicated), which applies to all drivers and is based on a 0.08% blood alcohol concentration (BAC) limit or signs of intoxication. A DWI requires proof that a driver was impaired due to alcohol or drugs, while DUIA applies only to minors and requires only the mere presence of alcohol in their system. If you have been charged with a DWI, visit our DWI Defense Attorney page.
Penalties for DUIA in Texas
Section 106.041 of the Texas Alcoholic Beverage Code outlines that a minor commits an offense if they drive a motor vehicle in a public place with any alcohol in their system.
- For a first offense, this is classified as a Class C misdemeanor, which may include a fine of up to $500.
- If a minor has two prior convictions under this section, subsequent offenses can result in a fine ranging from $500 to $2,000, jail time for up to 180 days, or both.
- Additionally, the court mandates community service related to alcohol education or prevention, with the required hours increasing for repeat offenders.
- Minors with two or more prior convictions under this section are not eligible for deferred disposition or deferred adjudication.
Defending Against a DUIA Charge in Texas
A DUI defense attorney in Dallas can explore various legal strategies to fight the charges:
Challenging the Traffic Stop
Texas police must have reasonable suspicion of a traffic violation to initiate a stop. A criminal defense attorney may file a motion to suppress evidence obtained in an illegal stop, such as breath test results, which could weaken the prosecution’s case.
Questioning Field Sobriety Tests
Field sobriety tests (FSTs) are commonly used to assess impairment, but they are not always reliable, especially for young drivers. If these tests were improperly administered, an attorney may argue that the results are unreliable and should not be used as evidence.
Disputing Breathalyzer or Chemical Test Results
Texas DUIA laws do not require proof of intoxication—only the presence of alcohol—but breath and chemical tests still play a key role in many cases. A defense attorney may challenge these tests by examining improper test administration, faulty breathalyzer equipment, and chain of custody issues.
Proving No Alcohol Was Present
Since DUIA charges rely on any detectable level of alcohol, attorneys often focus on proving that no alcohol was actually in the driver’s system. Defenses may include false positive results since certain medical conditions like diabetes can cause incorrect breath test readings.
Contact Us for a Free Consultation
Facing a DUI charge in Texas can feel overwhelming. Your license, your record, and your future opportunities are all at stake. With zero-tolerance laws and strict penalties, even a trace amount of alcohol can lead to serious consequences.
Every day you wait to address these charges puts your defense at risk. Evidence becomes harder to challenge, deadlines approach and your options may become limited. The prosecution is already building their case – you need someone building yours.
Let our experienced DUIA defense team protect your legal rights and work for the best possible outcome. Attorney RJ Harber has successfully defended numerous clients against DUI and DWI charges. Contact us today for a free consultation.