What is the Zero Tolerance Law?

The State of Texas has instated a Zero Tolerance Law to combat underage alcohol use while driving. Under this law, if a driver who is under 21 years of age has any measurable alcohol in their system, they will face a criminal charge. The type of charge depends on the minor’s blood alcohol concentration, or BAC, and the circumstances involved in their arrest.

Who Does the Zero Tolerance Law Apply To?

The Texas Zero Tolerance Law applies to any individual under 21 years of age driving a motor vehicle in a public location within the state. The driver does not have to be a Texas resident or hold a state-issued driver’s license to face charges under this law.

This law also applies to underage operators of boats or other watercraft, airplanes, or amusement parks and carnival rides.

How Are Arrests Made Under the Zero Tolerance Law?

Law enforcement can use any of the following situations as probable cause to arrest underage drivers under this statute:

  • The driver fails a field sobriety test or breathalyzer test
  • The officer believes that the driver does not have the physical or mental capacity to operate a vehicle safely
  • The officer smells alcohol on the driver or in the vehicle

Intoxication is measured through chemical testing for blood alcohol concentration or BAC. Typically, BAC is obtained through a request for breathalyzer testing, but police can legally request a blood test instead.

In most cases, a driver has the right to refuse chemical testing. However, refusing a test will automatically result in a driver’s license suspension for six months for the first refusal and a two-year suspension for the second refusal.

What are the Penalties for Breaking the Zero Tolerance Law?

Texas law places an important distinction between a Driving Under the Influence charge, or DUI, and a Driving While Intoxicated charge, or DWI. A DUI is reserved for a minor operating a motor vehicle with any amount of detectable alcohol in their system. In contrast, a DWI is for adults operating a motor vehicle with a BAC over 0.08%. There are a few situations where a minor can be charged with a DWI.

Penalties for a minor with a DUI charge are as follows:

  • First offense: Class C misdemeanor, up to $500 in fines, up to 40 hours of community service, attendance of an alcohol awareness course, automatic loss of driving privileges for 60 days, a potential additional license suspension of two to six months
  • Second offense: Class C misdemeanor, up to $500 in fines, up to 60 hours of community service, attendance at an alcohol awareness course, automatic loss of driving privileges for 120 days, a potential additional license suspension of four months to two years

Third and subsequent offenses are charged differently.

  • For drivers under 17 years of age: Class C misdemeanor, up to $500 in fines, up to 60 hours of community service, attendance at an alcohol awareness course, automatic loss of driving privileges for 180 days, possible transfer to Juvenile Court for delinquent conduct
  • For drivers between 17 and 21 years of age: Class B misdemeanor, up to $2,000 in fines, up to 60 hours of community service, attendance at an alcohol awareness course, automatic loss of driving privileges for up to one year

The court cannot grant deferred disposition or adjudication to seek a lesser punishment or dismissal of charges on third or subsequent offenses for a DUI for drivers between 17 and 21 years of age.

Penalties for Minors With a DWI Charge

DWI charges are typically for adults over the age of 21 who are operating motor vehicles with a BAC above 0.08%. However, there are certain instances where a person under 21 can be charged with a DWI. Those instances and the resulting penalties are as follows:

  • Intoxication assault: Third-degree felony that will result in a fine of up to $10,000, up to ten years in prison, and license suspension for up to one year
  • Intoxication manslaughter: Second-degree felony that will result in a fine of up to $10,000, up to 20 years in prison, and license suspension for up to two years
  • Driver with a passenger under 15 years old: State jail felony that will result in a fine up to $10,000, up to ten years in prison, and license suspension for up to two years
  • BAC exceeding the adult legal limit of 0.08%: Penalties are the same as an adult would face with a DWI charge and are as follows:
    • First offense: Class B misdemeanor, up to $2,000 in fines, up to six months in jail, loss of driving privileges for up to one year, and additional fees and expenses
    • Second offense: Class A misdemeanor, up to $4,000 in fines, up to one year in jail, and license suspension for up to 18 months
    • Third and subsequent offenses: Third-degree felony, up to $10,000 in fines, up to ten years in prison, and license suspension for up to two years

What are Common Defenses to the Zero Tolerance Law?

Common defenses to a minor facing a DUI charge include:

  • Constitutional rights violation: illegal search and seizure or failure to read Miranda rights
  • Breath test defenses: failure to calibrate breathalyzer or minor has diabetes
  • Blood draw defenses: failure to comply with protocols
  • Inability to prove elements of DUI: lack of evidence proving that a crime was committed beyond reasonable doubt
  • Field sobriety test defenses: failed test due to medication or disability
  • Affirmative defenses: duress or mistake of fact

Do I Need an Attorney?

When your freedom, reputation, and future are on the line, you need a knowledgeable attorney to protect you. Call Morgan Bourque, Attorney at Law, today at 713-766-3733 or fill out a contact form for a free consultation.