Texas Alcoholic Beverage Code Offenses 106.041 – Driving or Operating Watercraft Under the Influence of Alcohol by a Minor (“DUI“)

Name: Trey Porter Law
Brand: Trey Porter Law
Rating: 5 (150 reviews)

/ Misdemeanor Charges

/ Texas Alcoholic Beverage Code Offenses 106.041 – Driving or Operating Watercraft Under the Influence of Alcohol by a Minor (“DUI“)

5 MIN READ

Texas Alcoholic Beverage Code Offenses 106.041 – Driving or Operating Watercraft Under the Influence of Alcohol by a Minor (“DUI“)

WHAT IS DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR IN TEXAS?

The Texas law against driving or operating a watercraft under the influence of alcohol, also called “DUI,” prohibits minors under 21 from operating a motor vehicle or watercraft with any detectable amount of alcohol in their system.

What is the legal limit for DUI in Texas? The legal limit for a minor in Texas is 0.0, meaning minors can be charged with DUI for driving after consuming any amount of alcohol. Learn more.

WHAT IS THE DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR LAW IN TEXAS?

Texas Alcoholic Beverage Code § 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR.

(a) A minor commits an offense if the minor operates a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the minor’s system.

(b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor.

(c) If it is shown at the trial of the defendant that the defendant is a minor who is not a child and who has been previously convicted at least twice of an offense under this section, the offense is punishable by:

(1) a fine of not less than $500 or more than $2,000;

(2) confinement in jail for a term not to exceed 180 days; or

(3) both the fine and confinement.

(d) In addition to any fine and any order issued under Section 106.115, the court shall order a minor convicted of an offense under this section to perform community service for:

(1) not less than 20 or more than 40 hours, if the minor has not been previously convicted of an offense under this section; or

(2) not less than 40 or more than 60 hours, if the minor has been previously convicted of an offense under this section.

(e) Community service ordered under this section must be related to education about or prevention of misuse of alcohol.

(f) A minor who commits an offense under this section and who has been previously convicted twice or more of offenses under this section is not eligible for deferred disposition or deferred adjudication.

(g) An offense under this section is not a lesser included offense under Section 49.04, 49.045, or 49.06, Penal Code.

(h) For the purpose of determining whether a minor has been previously convicted of an offense under this section:

(1) an adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered a conviction under this section; and

(2) an order of deferred disposition for an offense alleged under this section is considered a conviction of an offense under this section.

(i) A peace officer who is charging a minor with committing an offense under this section is not required to take the minor into custody but may issue a citation to the minor that contains written notice of the time and place the minor must appear before a magistrate, the name and address of the minor charged, and the offense charged.

WHAT IS THE PENALTY CLASS FOR DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR IN TEXAS?

Driving or operating a watercraft under the influence of alcohol by a minor, or DUI, is a Class C misdemeanor for the first offense, punishable by a maximum $500 fine. If a minor over the age of 17 but under 21 has been previously convicted of or given deferred adjudication twice for DUI, a third DUI charge is a Class B misdemeanor, punishable by up to 180 days in county jail.

WHAT IS THE PUNISHMENT RANGE FOR DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR IN TEXAS?

The punishment range for the first and second DUI conviction is a maximum $500 fine, and no jail time. A third conviction for driving or operating a watercraft under the influence of alcohol by a minor over 17 carries up to 180 days in jail, and a fine between $500 and $2,000.

WHAT ARE THE PENALTIES FOR DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR IN TEXAS?

A minor charged with driving or operating a watercraft under the influence of alcohol as a Class C misdemeanor may be eligible for deferred adjudication for a period not to exceed 180 days.

If a person between the ages of 17 and 21 is charged with his or her third DUI, a Class B misdemeanor, the person may be eligible for probation after a conviction for a period not to exceed two years. A minor charged with his or her third DUI is not eligible for deferred adjudication or deferred disposition.

Texas law requires minors convicted of DUI to perform 20 to 40 hours of community service for the first conviction, and between 40 and 60 hours for a subsequent DUI conviction.

Can a person be kicked out of the military for a DUI? A DUI or DWI charge will not automatically get a person dishonorably discharged from the military, but an accused could be subject to court-martial or non-judicial punishment. Learn more.

WHAT ARE THE DEFENSES TO DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR IN TEXAS?

The DUI statute does not authorize specific defenses to driving or operating a watercraft under the influence of alcohol by a minor. A person accused thereof may attempt to negate at least one of the elements the State must prove at trial.

Is a minor required to submit to a blood test if arrested for DUI in Texas? Texas law permits a person to refuse a blood or breath test if arrested for driving while intoxicated. But pursuant to Texas Transportation Code Section 724.012, police may obtain a warrant based on probable cause to extract a specimen of an arrestee’s blood. The Transportation Code also requires a person’s license to be suspended for 180 days if the person refuses to consent to the taking of a blood or breath specimen. Learn more.In Mitchell v. Wisconsin, the U.S. Supreme Court held that unconscious drivers suspected of drunk driving are subject to warrantless blood draws due to exigent circumstances, and a compelling need of the State to promote the paramount interest of highway safety.

Will a person’s license be suspended for a DUI in Texas? Texas Alcoholic Beverage Code Section 106.115 requires a minor’s license to be suspended if the minor is charged with DUI under certain circumstances. Learn more.

WHAT IS THE STATUTE OF LIMITATIONS FOR DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR IN TEXAS?

The limitation period for driving or operating watercraft under the influence of alcohol by minor is two years.

DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR IN TEXAS

Texas law punishes minors under 21 who drive a vehicle or operate a watercraft with any detectable amount of alcohol in their system.

TEXAS DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR COURT CASES

The case law regarding driving or operating watercraft under the influence of alcohol by minor in Texas shows a minor may also be charged with the higher offense of driving while intoxicated.

In Findlay v. State, the defendant was arrested for driving while intoxicated five months before he turned 21 years old. He argued he should have been charged with DUI rather than DWI, because he was still a minor at the time of the offense. The appellate court disagreed, and held the two statutes were not in pari materia. The defendant could be charged with DWI, even as a minor. Learn more.

Did like a post? Share it with:

REQUEST A FREE CONSULTATION

If you have been arrested and charged with a crime, it’s time to start building your defense.

Texas Penal Code 37.08 – False Report to Peace Officer, Federal Special Investigator, or Law Enforcement Employee

Texas Transportation Code 545.421 – Fleeing or Attempting to Elude Police Officer

Texas Penal Code 22.07 – Terroristic Threat

Let's Get Legal on YouTube!

Tune In for Legal Tips, Laughs, and Learning

Explore More Legal Adventures: Discover Related Posts

Discover Related Posts

DWI 1st Offense in Texas

A first-time DWI charge in Texas is a Class B Misdemeanor....

DWI 2nd Offense in Texas

The penalties for a second DWI offense (DWI-Repeat Offender) are severe....

Driving While License Suspended Or Invalid In Texas

Driving While License Invalid (DWLI) is a criminal offense in Texas....

Does a Class C Misdemeanor Stay on your Record in Texas?

Alcohol is available for in-store purchase beginning at 7 a.m. Monday...

Is Street Racing Illegal in Texas?

Alcohol is available for in-store purchase beginning at 7 a.m. Monday...

What is Speeding in Texas?

Speeding is a Class C misdemeanor punishable by a maximum $500...

Explore Our Legal Categories

constitutional rights

CRIMINAL CHARGES

DRIVER'S LICENSES

DWI CHARGES

EXPUNGEMENT

FELONY CHARGES

MISDEMEANOR CHARGES

PROBATION

Testimonials

What our clients think about us

M. Adams

Exceptional Defense Attorneys and firm.
I had the pleasure of being represented by Trey Porter Law. Attorney Joseph Strickland worked with me directly and was wit me at every court appearance and I couldn't be more satisfied with the outcome. From the outset, they set clear expectations on how they could help me avoid jail time for my DWI charge.

What truly stood out was their unwavering support throughout the entire process. They were always accessible, promptly addressing any questions I had. Ms. Aisley would answer my call and respond to my questions on the spot. This was especially crucial when my school and potential employers raised concerns about my pending charges. Joseph Strickland provided guidance on how to navigate these external challenges, showcasing their commitment to their clients beyond the courtroom.

Their professionalism, transparent communication, and dedication to my case made a significant impact, and I am grateful for the positive resolution they achieved. I highly recommend Trey Porter Law Firm for anyone in need of a skilled and supportive defense attorney and team.

C. Pollock

After a search of attorneys in my area I sought out Trey Porter Law Firm, impressed by the detailed information provided on the website and resounding client endorsements. From the introductory phone call, direct meeting, subsequent calls/emails/texts, and throughout my court appearance and disposition, all dealings have been exceptional. Everyone on the team has been friendly and responsive, while still being highly professional. I also very much appreciate the proactive approach taken throughout my case.

J. Givens

Mr. Porter an amazing attorney, he help me get through my situation swiftly and professionally as well as save me time and money in the process. Working with Mr. Porter was a pleasure, he kept me well informed and updated throughout the whole process which made things so much easier for me to understand. Mr. Porter and his team took the stress out of stressful situation. Mr. Porter and his team was always easy to contact and return my phone calls and emails promptly. I cannot give enough praise to Mr. Porter and his team. I had another attorney in the beginning who wad basically going to railroad me. I would definitely recommend Mr. Trey Porter again and again. If you’re looking for a great attorney who is affordable and knowledgeable and will fight for you, Trey Porter is the attorney to choose. Definitely a five star attorney.

J. Franklin

Trey and his staff are great and make sure to help you with all your questions to get through the process. Trey worked out the best outcome for my issue and got me an opportunity to get my charge expunged. Trey and his team made a negative experience end on a positive note. Truly recommend this law firm for your legal issues.

J. McKibbon

I would like to thank Trey Porter and his team regarding my DUI case. I truly could not have expected a better outcome regarding my case. This outcome only happened because of his expert knowledge and dedication to his profession. Trey really took time to explain every step of the process to me which really helped me make critical decisions on how to proceed. I am lucky to have come across his name and will only refer people to Mr. Porter regarding DUI offenses. Trey, I want to thank you publicly. Your expert handling of my D.U.I. got my case reduced to an outcome I was very pleased with. Nothing against my driving record, no loss of license and I’m positive this wouldn’t have turned out so well without you. Thanks for your hard work, empathy and responsiveness it really meant a lot to me.

R. Valdez

We hired Trey Porter to assist us last year. From the initial consultation up to and including the court hearing, Trey had a straight forward approach to the situation at hand. He explained everything along the way and was available at any time to discuss/answer any questions we had either by phone/text/email. With his experience and professionalism, we obtained the best outcome possible. We would highly recommend Trey Porter with no hesitation whatsoever. Five stars is definitely not enough!

B. Cantu

I highly recommend Trey Porter! He is very professional and attentive to each situation at hand. He does not beat around the bush. Straight forward and explains things very well. Easy to work with. Contacts you before you have to ever contact him. Detailed oriented. Driven to get you the best deal possible in your situation. Him and his staff were absolutely amazing for my situation. Thank you!

B. Patel

Trey is a phenomenal attorney that gets the job done right! He is dedicated to help his clients. He made himself available and answered all my concerns immediately! I had faith in him and he continued to prove his expertise by helping me. I highly recommend Trey Porter!!

D. Lopez

Mr. Porter was exceptional! He answered all my questions, was thorough throughout my case. Really pushed to go above and beyond to get us the results we were needing. Excellent professional service and as a professional I can definitely say I recommend him.

C. Jef

100/100
Excellent experience with Mr Porter and TPL law offices. They fought for me and they won! I hired Mr Porter after an embarrassing incident. My license and employment were on the line. The office had excellent communication and personal service — even through text message! Totally recommend Trey Porter 100/100!

T. Royal

5 STAR!
I hired Mr. Porter to represent my son in a DUI case. I was worried a conviction would ruin his future. Mr. Porter and the whole office were friendly, thorough, and poised throughout. They respond to text and calls almost instantly. We are just finishing the expunction process after the case was dismissed!!! I am grateful to Mr. Porter and recommend him to one and all. Excellent from start to finish. Thank you TPL!

A. Renaud

Winning
I won with Attorney Trey Porter! Had a criminal DWI .15 charge, small accident, but no injuries. This was my first criminal charge of my life. Mr. Porter was great to talk to — as was the entire office staff and other attorneys. Everyone was SO NICE! 9 long months passed and my charge was dismissed. No probation. No conviction. This experience was well worth the money. I recommend Trey Porter, Attorney at Law.

Unlock the Perks of Choosing Us!

CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15

Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.

CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15+

Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest.

CHARGES DISMISSED

DWI 2ND

Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

Request
a free consultation

Contact Trey Porter Today

The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.

Contact Trey Porter Today

Request a free consultation