Texas Underage DUI

The drinking age in Texas is 21 and consumption of alcohol by anyone under 21 is illegal with the following exceptions:

  • on private, non alcohol-selling premises, with consent of a legal guardian  -- for example, with legal guardian’s permission at a party, or
  • with consent of a legal guardian on alcohol-selling premises – for example, at a restaurant or catered affair.

Although drivers under 21 account for less than 10% of licensed drivers, they account for 14% of DUI related fatalities in Texas, according to one survey. Because underage drinkers cause a disproportionate number of alcohol-related auto fatalities, the standards are stricter and the penalties may be harsher for those under 21.

More information about Texas’s teen driving requirements.

What constitutes driving under the influence?

Texas is a zero-tolerance state. If a chemical test determines that an under-21 driver has a blood alcohol content (BAC) above 00.00%, the driver can be cited for driving under the influence.

What are the penalties?

The DUI/DWI Distinction. Texas distinguishes between Driving While Intoxicated (DWI) and Driving Under the Influence (DUI). Only drivers under the age of 21 can be charged with a DUI, a Class C offense that includes a fine of up to $500 and may include a license suspension of 60 days.

First DUI 

Second DUI


3 to 180 days

Up to 1 year


Up to $2000

Up to $4000

License Suspension

Up to 90 days

3 days to 1 year

What if you refuse the chemical test? Read about Texas implied consent laws.

What other charges?

In addition to driving under the influence, an underage drinker may be charged with any of the following:

  • distributing alcohol to other minors (were there underage drunk passengers?),
  • minor in possession,
  • soliciting alcohol,
  • child endangerment law violations,
  • possession of false identification (was a fake id used to purchase alcohol?), and
  • moving and vehicle maintenance violations (what else did the arresting officer see?).

What happens to insurance?

Some insurance companies may terminate a policy after an underage DUI (while others refuse to renew). Most companies simply raise the cost of the monthly premium by $100 to $200 (sometimes higher) for a higher risk policy. The raise usually stays in place for three to five years. You’ll also probably need to furnish the DMV with an SR-22 certificate to reinstate a license after suspension (as proof of insurability). Most insurance companies furnish this form to the DMV. Check with your insurer to see if it performs this service

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