A minor commits the offense of DUI if he or she operates a motor vehicle in a public place while having any detectable amount of alcohol in his or her system.

A minor is defined as any person under 21 years of age. Thus, a minor is not necessarily a juvenile. Persons between 17 and 20 years of age may be classified as minors, but they may also be prosecuted as adults.

DUI is a charge made against a minor who is suspected of driving after having consumed any amount of alcohol, regardless of that person's blood-alcohol level. To be charged with DUI, the driver may not have anywhere near a .08 blood-alcohol level, but that is irrelevant. The mere presence of alcohol is enough to warrant the charge, as the driver is below the legal drinking age. However, if a minor is shown to have a .08 blood-alcohol level, or lost the use of mental or physical faculties, he is then subjected to prosecution under DWI laws.

Yes, the implied consent law applies to both minors and adults. Texas law deems that all persons who drive with a Texas license have already conditionally agreed, after being arrested, to take either a breath or blood test upon being properly requested to do so by a police officer. A proper request requires the officer not only to read a required statutory script to the arrestee, but also to furnish the written script to the arrestee before the test request is made. 

Yes; however, a minor's refusal to submit to a properly requested breath test will result in the following penalties:               

• Suspension of the minor's driving privileges for not less than 120 days after a first arrest for an alcohol-related driving offense. If the minor was arrested and does not have a license, the state will not issue one to the minor for 120 days.
  
• A 240-day suspension of driving privileges if the minor's record reflects one or more drug- or alcohol-related offenses during the five-year period preceding the arrest.

Texas law states that if a minor has any detectable amount of alcohol in his system, the minor's driving privileges will be automatically suspended for not less than 60 days, even when the minor takes a breath test and the result shows an alcohol concentration less than .08 at the time of driving. Furthermore, if the test result confirms the presence of alcohol or any other drug in the minor's system, that evidence will be used against the minor in a subsequent criminal prosecution for DWI or DUI. 

The Department of Public Safety (DPS) will automatically suspend the license of any minor convicted of an alcohol-related driving offense for one year. 

Yes. The Juvenile Justice Code classifies first-offense DUI and other alcohol-related driving offenses as delinquent conduct indicating a need for supervision. What this means is that a juvenile convicted of first-offense DUI can be placed on probation or committed to the Texas Youth Commission for confinement and rehabilitation.

Yes. A minor has the right to an Administrative License Revocation Hearing (these are commonly called ALR hearings).  A written request must be made within 15 days of the date of notice of suspension (typically the date of offense) to the Department of Public Safety headquarters in Austin.

Generally, yes, upon proving a necessity to drive, a minor may be issued an Occupational Driver's License. To receive an Occupational Driver's License, the law requires that good cause be shown.  Examples of "good cause" under Texas law include:

•  Going to/from work

•  Taking children to/from school

•  Going to/from a religious service

•  Traveling to/from a grocery store

•  Traveling to/from a medical facility for treatment.

Generally speaking, in addition to suspension of driving privileges, the penalties for Driving Under the Influence of alcohol as a minor are as follows:

First Offense: Class C Misdemeanor. If the minor is under age 18, most courts require a parent or guardian to be present at every court appearance. Upon conviction, a minor may be fined, and will be required to perform community service. Additionally, the minor will be required to attend an alcohol awareness program sponsored by the Texas Commission on Alcohol and Drug Abuse within 90 days. If the minor fails to complete the alcohol awareness course within the 90-day period, the court may impose an additional license suspension of up to six months.

For a first offense, the minor may receive deferred adjudication; however, an order of deferred adjudication for DUI is considered a conviction. If the minor receives only one conviction for DUI (while a minor), that conviction may be expunged from his record after his 21st birthday.

Second Offense.  Everything that applies to a first-offense conviction applies to a second conviction, with the following exceptions: The minor will be required to complete a minimum of 40 hours of community service. Furthermore, a second or any subsequent conviction may not be expunged from the minor's record; however, the minor may still receive deferred adjudication for a second offense.

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