Texas Driver Handbook 2017

Chapter 10: Alcohol and Drugs Impact on the Driving Ability 

Texas Driver Handbook

Open Container

It is illegal to possess an open container of alcohol in a motor vehicle passenger area located on a public highway, regardless of 

whether the vehicle is being operated, stopped, or parked. Conviction of this offense is punishable by a fine not to exceed $500.

Myths about Drinking Alcohol

Taking cold showers, drinking black coffee, or exercising will not make a person sober. Only time, based on body weight, number of 

drinks, and food intake can minimize the effects of alcohol. It takes about one hour for the body to rid itself of each drink consumed. 

If a person has been drinking someone who has not been drinking should drive.

Texas Tough Alcohol-Related Laws for Minors

Zero Tolerance for Minors

According to the Texas Alcohol Beverage Code, a minor is any individual who is under 21 years of age. A minor may not purchase, 

attempt to purchase, consume, or possess an alcoholic beverage. Since a minor should not possess alcohol, Texas passed zero toler-

ance legislation for minors who commit an offense under the non-driving alcohol-related laws and for minors who drive under the 

influence.

Zero tolerance means just that. Even if a minor is not intoxicated as defined under the DWI statute, but has any detectable amount 

of alcohol in his/her system while operating a motor vehicle in a public place or while operating a water- craft, the minor committed 

the criminal offense of Driving Under the Influence of Alcohol by a Minor (see Table 31).

Penalties for Non-Driving Alcohol-Related Offenses by Minors

The Texas Zero Tolerance law established penalties for minors who commit offenses under the non-driving alcohol-related offenses. 

A minor may not purchase, attempt to purchase, falsely state he/she is 21 years of age or older, or present any document indicating 

he/she is 21 years of age or older to a person engaged in the selling or serving of alcoholic beverages. A minor may not consume, or 

possess an alcoholic beverage. Persons who purchase, furnish, or sell alcohol to a minor can be fined of up to $4,000 and/or confined 

in jail for up to one year.

Table 28: Penalties for Non-Driving Alcohol-Related Offenses – Minors

Offense

Penalty

1st offense

Class C misdemeanor punishable by a fine of up to $500, 8 to 12 hours of community service, mandatory 

attendance of an alcohol awareness course, and license will be suspended (or privilege denied if not licensed) for  

30 days. If the minor is under 18, the parent may be required to also attend the alcohol awareness course.

2nd offense

Class C misdemeanor punishable by a fine of up to $500, 20 to 40 hours of community service, may be required to 

attend an alcohol awareness course, and license will be suspended (or privilege denied if not licensed) for 60 days.

3rd offense  

(Under 17 years of age)

Class C misdemeanor punishable by a fine of up to $500, 20 to 40 hours of community service, may be required to 

attend an alcohol awareness course, and license will be suspended (or privilege denied if not licensed) for 60 days 

or case can be transferred to Juvenile Court.

3rd offense  

(17 to 21 years of age)

Class B misdemeanor punishable by a fine of $250 to $2,000, 40 to 60 hours of community service, may be 

required to attend an alcohol awareness course, confinement in jail not to exceed 180 days, and license will be 

suspended (or privilege denied if not licensed) for 180 days. Minors are not eligible for deferred disposition or 

adjudication on the third conviction and every conviction after.

In addition to the above penalties, if a minor is convicted of any moving vehicle violation while suspended due to a non-driving 

alcohol-related offense (listed above) they are subject to the penalties of Driving While License Invalid (DWLI).

Implied Consent Laws for Minors

A minor implies their consent to take one or more breath or blood specimen for analysis if they are arrested for operating a motor 

vehicle or watercraft in a public place while intoxicated, or if there is any detectable or noticeable amount of alcohol in their system 

while operating a motor vehicle in a public place as deemed by an officer. The breath or blood specimen will determine if alcohol 

is present in their body. It will also identify the amount of alcohol in their system. Additionally, the breath or blood specimen can 

identify the presence of any other controlled substances or drugs. 

59

---

Chapter 10: Alcohol and Drugs Impact on the Driving Ability 

Texas Driver Handbook

Refusal to provide a breath or blood specimen will result in the suspension of the minor’s license or driving privileges if not licensed.

Table 29: Penalties for Refusal to Provide a Specimen - Minors

Offense

Penalty

1st offense

Driver license suspended (or privilege denied if not licensed) for 180 days.

2nd and subsequent offenses

Driver license suspended (or privilege denied if not licensed) for 2 years.

A minor who gives a breath or blood specimen that confirms he/she has been operating a motor vehicle in a public place with any 

detectable amount of alcohol in his/her system and the amount is below the 0.08 BAC legal limit of intoxication will have his/her 

license suspended or driving privilege denied if not licensed.

Table 30: Minor Provided Specimen Confirming Detectable Amount of Alcohol (failure)

Offense

Penalty

1st offense

Driver license suspended (or privilege denied if not licensed) for 60 days.

2nd offense

Driver license suspended (or privilege denied if not licensed) for 120 days.

3rd and subsequent offenses

Driver license suspended (or privilege denied if not licensed) for 180 days.

A minor may request a hearing before a hearing officer to contest the suspension.

Table 31: Penalties for Driving Under the Influence (DUI) of Alcohol and Drugs– Minors

Offense

Penalty

1st offense

Class C misdemeanor punishable by a fine of up to $500, community service of 20 to 40 hours, and 

attendance in an alcohol awareness course is required. If the minor is under 18, the parent may be 

required to also attend the course. 

2nd offense

Class C misdemeanor punishable by a fine of up to $500, community service of 40 to 60 hours.  

The alcohol awareness course may be required.

3rd offense (under 17 years of age)

Class C misdemeanor punishable by a fine of up to $500, community service of 40 to 60 hours., 

The alcohol awareness course may be required or the case can be transferred to Juvenile Court as 

delinquent conduct.

3rd offense (17 to 21 years of age)

Class B misdemeanor punishable by a fine of $500 to $2,000 and/or confinement in jail not to 

exceed 180 days, community service of 40 to 60 hours, an alcohol awareness class may be required, 

and the minor’s license will be suspended (or privilege denied of not licensed) for one year or for 

90 days with a judge’s order to install an ignition interlock device. The court may not give deferred 

disposition or adjudication on the third offense.

See Table 29 and Table 30 for the applicable suspension periods

In Texas, as a reminder, a person is considered legally intoxicated if they have a blood alcohol concentration (BAC) of 0.08 or more. 

Table 32: Penalties for Driving While Intoxicated (Alcohol) – Minors

Offense

Penalty

1st offense

Class B misdemeanor punishable by a fine not to exceed $2,000, confinement in jail for 72 hours to 180 days, and 

suspension of the driver license (or privilege denied if not licensed) for 365 days, or for 90 days with a judge’s order 

to install an ignition interlock device. The court may probate the jail sentence and waive the license suspension on the 

first offense only. Possession of an open container of an alcoholic beverage increases the minimum confinement to six 

days.

2nd offense

Class A misdemeanor punishable by a fine not to exceed $4,000, confinement in jail for 30 days to 1 year, and 

suspension of the driver license (or privilege denied if not licensed) for 180 days to 18 months.

3rd offense and 

every offense after

Felony of the third degree punishable by a fine not to exceed $10,000, imprisonment in the Texas Department of 

Criminal Justice (TDCJ) for 2 to 10 years, and suspension of the driver license (or privilege denied if not licensed) for 

180 days to 18 months.

DWI with passenger 

under 15

A state jail felony punishable by a fine not to exceed $10,000, confinement in state jail for 180 days to 2 years and 

suspension of the driver license (or privilege denied if not licensed) for 90 days to 1 year.

Intoxication assault

Third degree felony punishable by a fine not to exceed $10,000, imprisonment in the Texas Department of Criminal 

Justice (TDCJ) for 2 to 10 years, and suspension of the driver license (or privilege denied if not licensed) for 90 days to 

1 year.

Intoxication 

manslaughter

Second degree felony punishable by a fine not to exceed $10,000, imprisonment in the Texas Department of Criminal 

Justice (TDCJ) for 2 to 20 years, and a suspension of the driver license (or privilege denied if not licensed) for 180 days 

to 2 years.

60

---