Under 21 And Driving
Alco. Bev. 106.041 — any detectable amount of alcohol, a Class C misdemeanor the first time
Any detectable amount. A minor, in this code a person under 21, commits an offense by operating a motor vehicle in a public place, or a watercraft, with any detectable amount of alcohol in their system.
| Conviction | Penalty |
|---|---|
| ConvictionFirst | PenaltyClass C misdemeanor, plus 20 to 40 hours of community service |
| ConvictionAfter an earlier conviction | PenaltyClass C misdemeanor, plus 40 to 60 hours of community service |
| ConvictionAfter two or more, for a minor who is not a child | PenaltyFine of $500 to $2,000, up to 180 days in jail, or both, and no deferred disposition |
The community service relates to alcohol education or prevention. An officer may issue a citation instead of taking the minor into custody, and the offense is not a lesser included offense of the adult intoxication offenses.
Sources for this section (2)
- Alco. Bev. 106.041 — Driving under the influence of alcohol by a minor
- Alco. Bev. 106.01 — Definition of minor
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.