The Texas DUI statute defines anyone under the age of 21 as a minor. Tex. Alco. Bev. Code Ann. § 106.041(a) provides that a minor commits DUI if the minor operates a motor vehicle in a public place… while having any detectable amount of alcohol in the minor’s system.†The statute provides that a custodial arrest is not required.
The DUI statute applies to minors while the DWI statute applies to drivers over the age of 21.
Underage DWI / DUI Defense Lawyer in Plano, Allen, Frisco, and McKinney, TX
If you were arrested for DUI Under 21 in Texas under Section 106.041 in Collin County, TX, or if your child was arrested, then contact an experienced criminal defense lawyer at the Law Offices of Richard C. McConathy. A Call (469) 304-3422 to set up a free consultation.
We represent juveniles and young people across Collin County, including Plano, Frisco, McKinney and Allen. We also represent students at Dallas Baptist University, Austin College, and Collin College, as well as students arrested on I-75 from Southern Methodist University, the University of Texas at Dallas, or other schools.
Penalties and Punishments for Section 106.041
A violation of the Texas DUI statute, Section 106.041, is a Class C Misdemeanor. Under Section 12.23, a Class C Misdemeanor is punishable by a fine not to exceed $500.
Tex. Alco. Bev.Code. Ann. § 106.115(a) provides that upon conviction of a minor of an offense under [the DUI statute] the court, in addition to assessing a fine as provided by those sections, shall require a defendant to attend an alcohol awareness program.
The court can also order a 90-day driver’s license suspension if an interlock ignition device and community service are ordered by the court.
The Administrative Suspension for People Under 21
If the young person in Plano or Frisco refuses to submit to a chemical test of the breath, blood or urine then the young person faces the following administrative penalties:
- 180-day suspension of the driver’s license for a first offense; or
- a 2-year suspension of the driver’s license if the driver was previously suspended for failing or refusing a blood or breath test OR previously suspended for a DUI.
Purpose of the DUI Statute “Under 21 Years Old”
The DUI statute was enacted as part of a zero-tolerance standard for minors driving under the influence of alcohol in an effort to prevent the loss of federal highway funding. Senate Criminal Justice Comm., Bill Analysis, Tex. S.B. 35, 75th Leg., R.S. (1997).
The statute was enacted to create a separate offense for driving under the influence of alcohol. The DUI statute itself provides that DUI is not a lesser included offense than DWI. See Findlay v. State, 9 S.W.3d 397, 400 (Tex. App. 1999)(citing Tex. Alco. Bev. Code Ann. Section 106.041(g).
Find A Collin County Attorney to Fight Under 21 DUI / DWI Charges | Law Offices of Richard C. McConathy
At the Law Offices of Richard C. McConathy, our attorneys represent young people charged with DUI in Texas after an arrest by the Collin County Sheriff’s Office, the Allen Police Department, the Frisco Police Department, and the Plano Police Department, or the Wylie Police Department. Call (469) 304-3422 today to set up a free consultation.