In Texas, there is a different standard of proof for intoxication offenses committed by those less than 21 years old. Under the zero tolerance laws, a prosecution for Driving Under the Influence (DUI) occurs when a person who does not have the legal privilege to consume alcohol has any detectible amount of alcohol in their system. If you are under 21 and the police officer pulls you over and smells a faint odor of alcohol on your breath, the officer will testify that he has probable cause for a DUI arrest. Anybody over 21 years old cannot be arrested for DUI. DUI is a class C misdemeanor which carries a punishment of a fine up to $500.
As the offense name implies, Driving While Intoxicated (DWI) requires a higher burden of proof in comparison to DUI. While mere odor may be sufficient to trigger arrest when you have no legal right of consumption (hence, under the "influence"), those older than 21 must have lost the normal use of their physical or mental faculties or have a blood alcohol content of .08 or above to be deemed "intoxicated" under the law. DWI is a class B misdemeanor which carries a punishment range of up to 180 days in jail and/or a fine up to $2,000.
You do not have to be over 21 to be arrested for DWI; a person under 21 can be arrested for either DUI or DWI. However, given the higher burden of proof associated with proving a DWI case, persons under 21 are more often arrested for DUI. |
