Texas Penal Code Ch 106.041 – Driving or Operating a Watercraft Under the Influence of Alcohol By a Minor
Texas has a zero-tolerance law for minors who drive a car or operate a boat under the influence of alcohol. If a law enforcement officer stopped you and cited you for driving under the influence (DUIA) or boating under the influence of alcohol, you do not have to try to fight these accusations on your own.
The DUIA defense team from the Law Offices of Randall B. Isenberg can go to work protecting your rights and developing a strong defense strategy. Call us today at (214) 696-9253 to learn more about how we can help you get the most favorable outcome in your case.
Texas Law Is Strict on Underage Drinking and Driving
Texas Penal Code Ch. 106.041 – Driving or Operating Watercraft Under the Influence of Alcohol by Minor is the state’s underage drunk driving law. TX § 106.01 also covers the operation of watercraft. The legal limit for minors in Texas is 0.0. If someone between the ages of 18 and 21 gets stopped by police and tests positive with any amount of alcohol in their system on a blood alcohol concentration test, they will likely face this charge.
Generally, when an adult gets stopped for drunk driving, the police arrest them and take them into custody. With a DUIA for a minor, however, the officer does not have to take the teen or young adult into custody. Instead, they may:
- Issue a citation
- Require a court appearance before a magistrate
- Ensure the minor has a safe ride home
You might not immediately go to jail after violating Texas Penal Code Ch 106.041, but you could face serious consequences if convicted. This is especially true if you have previous convictions.
Facing the Penalties After a Texas DUIA Conviction
For a first offense, the penalties associated with a Texas DUIA may hit you in the pocketbook more than anything else. Under TX § 12.01, these offenses are at least a Class C misdemeanor. If convicted, you will face a fine of up to $500.
If you have two or more previous convictions of a related crime, you could face more serious penalties that include:
- A fine of between $500 and $2,000; and/or
- Jail for up to 180 days
In addition, the Texas DUIA laws make it mandatory for any minor convicted of a DUIA charge to receive and complete 20 to 40 hours of community service for a first offense or 40 to 60 hours for someone with a previous offense. This community service must be related to alcohol abuse education, prevention of abuse, or related topics.
Let the Law Offices of Randall B. Isenberg Help With Your Case
For more than three decades, Texas criminal defense attorney Randall Isenberg has served his community as a criminal defense attorney, as well as a former prosecutor and state district judge. He understands how the court system works in Texas from the inside out. His team can use this experience to navigate the system and fight for a fair and favorable outcome.
Our team can explore your options for deferred disposition or deferred adjudication, look into the circumstances that led to your stop and citation, and develop a strategic plan to pursue the most favorable outcome possible based on the facts of your case. Our attorneys may be able to:
- Stop them from pressing charges against you
- Get the charges against you reduced or dropped
- Negotiate a plea deal for a lesser charge
- Explore other options available to you
- Take your case to court
For first time offenders of Texas Penal Code Ch. 106.041, there may be options that allow you to get on with your life faster, moving forward from your mistake. When our team reviews your case, we can explain your legal options before we develop a strategy to try to clear your name or mitigate the penalties you face.
Talk to a Texas DUIA Criminal Defense Attorney
At the Law Offices of Randall B. Isenberg, a member of our team is standing by to take your call. We can help you understand your rights, the charges you face, and how we can approach your case to get the most favorable outcome. We may be able to help you get a deferred disposition or deferred adjudication, or to prevent them from convicting you of an alcohol-related charge.
Call us today at (214) 696-9253 to get started by discussing your case with a member of our team.