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The Texas zero tolerance laws and underage drinking and driving

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The law in all 50 states is that it’s illegal to operate a motor vehicle with a blood alcohol content of .08 or higher, but this law focuses on drivers who are 21 years of age or older. Texas takes very strong positions on anybody under 21 who has consumed alcohol and drives. Those are known as zero tolerance laws.

Zero tolerance means any amount of alcohol
Zero tolerance means that it’s against the law in Texas for a person under the age of 21 to operate a motor vehicle or watercraft with any amount of alcohol in his or her system. That’s what zero tolerance means.

Be prepared to lose your license
One set of strict laws applies to adults who have been convicted of DWI, and another set of even harsher laws applies to those under 21 who have been convicted. A driver under 21 with any amount of alcohol in his or her body can be charged with driving while intoxicated. The charge is a class C misdemeanor, and a conviction on a first offense is punishable by:

  • A fine of up to $500
  • A minimum of 20 and a maximum of 40 hours of community service
  • A 60-day driver’s license suspension
  • Successful completion of an alcohol awareness program
  • An ignition interlock device

A second conviction can lead to a 120-day license suspension. A third offense is punishable by an 180 day license suspension and a possible six-month jail sentence if the individual is 17 or older. Other sentencing requirements would also apply, including a fine of up to $2,000.

Odor alone is enough to convict a minor
The odor of an alcoholic beverage on the breath of a person under 21 while operating a motor vehicle is enough to be charged with DWI. Blood alcohol testing isn’t required to be offered.

Common sense runs across the board for licensed drivers. The consequences of a DWI conviction can be severe. If you’re a minor, and you’ve consumed any alcohol at all, use a designated driver, or take a taxi home. If you do get charged with DWI, contact the office of Eric Harron right away.

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