Driving Under the Influence – Minors

Section 106.041 of the Alcoholic Beverage Code — it is illegal for a minor to operate a motor vehicle in a public place while having any detectable amount of alcohol in the minor’s system. Driving under the influence is a Class C misdemeanor, punishable by a fine up to $500, an alcohol awareness course, community service, and driver’s license suspension.

Driving While Intoxicated

Section 49.04 of the Penal Code — a person commits an offense if he or she is intoxicated while operating a motor vehicle in a public place. DWI is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

Driving While Intoxicated with an Open Container

Section 49.04 of the Penal Code — makes it illegal to be driving while intoxicated while the driver had an open container of alcohol in the person’s immediate possession. DWI with an Open Container is a Class B misdemeanor, with a minimum term of confinement of six days.

Driving While Intoxicated with a Child Passenger

Section 49.045 of the Penal Code — driving while intoxicated while the vehicle is being occupied by another person who is younger than 15 years of age is a state jail felony.

Definition of Intoxication

Chapter 49.01(2)(a) of the Penal Code defines intoxication as “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; OR (b) having an alcohol concentration of .08 or more.”