Students at Texas’s many colleges and universities are heading back to classes, and spring break is only a few months away. While there are benefits to having many institutes of higher learning in our state, there are some downsides—such as the prevalence of underage drinking.

Texas has adopted a strict zero-tolerance law for individuals under the age of 21. If they are stopped with any detectable amount of alcohol in their system, it’s a violation of the state’s zero-tolerance law.

Why Do Zero-Tolerance Laws Exist?

Studies show that even small amounts of alcohol can impair judgment, reduce reaction times and affect coordination, all of which are critical for safe driving. For teenagers and young adults, who are inexperienced drivers, these effects can be even more dangerous.

Additionally, some underage drivers are more prone to risky behaviors like distracted driving or reckless driving, further compounding the risk.

Why Does the Zero-Tolerance Law Matter for People Injured in Car Crashes in Texas?

In Texas, violating a law (such as the zero-tolerance law) can constitute negligence per se in civil court. This means the violation itself is considered evidence of negligence, removing the burden of proving that the underage driver’s alcohol consumption directly impaired their ability to drive safely. Simply showing they violated the law by having alcohol in their system (no matter how small the amount) can strengthen the injured party’s case.

This creates an advantage you may not have in a drunk driving accident involving an adult driver who has a BAC below 0.08. In those situations, you’d have to prove impairment through additional evidence, such as erratic driving or behavior. Proving the driver was too intoxicated to drive, despite being slightly under the legal limit, may require more effort and evidence, such as witness testimony or video footage.

Accidents Can Still Be Caused by Adults Under the Legal Limit

People react to alcohol in different ways. Some people might drive recklessly or negligently after drinking a relatively small amount, even if they are technically below the legal limit.

If you’re involved in an accident with a suspected drunk driver who blew below 0.08 on a breathalyzer, you’d need to prove that their BAC still impaired their driving and contributed to the crash. This may be more difficult to demonstrate than a crash caused by an underage driver who violated the zero-tolerance law.

In cases with an underage driver, your car accident lawyer could argue that the underage driver, by virtue of drinking at all, was engaging in unlawful and reckless behavior, making it easier to establish fault.

How Zero-Tolerance Violations Could Affect Negotiations With the Other Driver’s Insurance Company

Insurance companies are likely to weigh the zero-tolerance violation heavily in settlement negotiations. Because the underage driver broke the law, their insurer may be more inclined to settle quickly to avoid the uncertainty of court, even if the driver wasn’t “drunk” by adult BAC standards.

Do Zero-Tolerance Rules Apply to Boat Accidents?

Yes, the zero-tolerance law applies to every underage person in the state of Texas, whether they are sitting in a park, walking down the street, behind the wheel of a car or in a boat. For underage boat operators, any detectable amount of alcohol in their system is illegal, just like with underage drivers. This violation can serve as evidence of negligence per se in a civil case involving a boating accident, potentially making it easier to establish liability.

Boating accidents can be complicated. The variables involved in operating a watercraft can introduce opportunities for parties to put forward comparative fault arguments. They may attempt to shift the blame to other factors like weather, wake zones or actions of other boaters. However, if an underage operator violated zero-tolerance laws, their fault is more straightforward to establish.

Were You Involved in a Crash With an Underage Drunk Driver?

People in and around Houston who have been involved in car crashes can call the Weycer Law Firm for attentive representation. Our injury lawyers have extensive experience representing people injured in auto accidents, including those involving intoxicated drivers and underage drinkers.

You don’t have to face the insurance company on your own. Call us at (713) 668-4545 for a free case evaluation.