Drivers under 21 can be charged with DUI by a minor if they drive with any detectable amount of alcohol in their system. In some cases, they may instead face a DWI charge if police claim they were intoxicated.
For many families, this is the first time dealing with the criminal system, and it can feel overwhelming.
Texas has zero tolerance for underage individuals driving with any detectable amount of alcohol under Texas Alcoholic Beverage Code § 106.041.
A young driver can also be charged with a regular DWI under Texas Penal Code § 49.04 if the State claims the driver was intoxicated under the normal DWI standard.
An underage DWI conviction or court finding can affect a young person's record and may impact future opportunities. In this article, "underage DWI" refers to cases where a driver under 21 is charged with DWI based on intoxication, not a zero-tolerance DUI offense.
DUI or Underage DWI Attorney in Austin
If you’re facing an underage DWI or DUI by a minor charge in Austin, Texas, it's often helpful to have legal representation.
Our attorneys have handled a high volume of DWI and underage alcohol-related cases across Austin and Travis County. We regularly evaluate whether a case should be treated as a zero-tolerance DUI offense or a full DWI, and we look closely at the stop, testing, and evidence for weaknesses
Michael & Associates can help negotiate with prosecutors, challenge questionable evidence, and prepare cases for trial. Our job is to protect your rights, explain your options, and pursue the best outcome based on the facts and law.
Learn more about our Austin DWI defense lawyers or call (512) 729-8647 for a free consultation.
Texas Zero Tolerance Law for Drivers Under 21
Texas has a zero-tolerance rule for drivers under 21. Under Alcoholic Beverage Code § 106.041, a minor commits an offense by operating a motor vehicle in a public place while having any detectable amount of alcohol in their system.
That does not mean every underage alcohol-driving case is a full DWI under Texas Penal Code § 49.04. A true DWI requires the State to prove intoxication, which is the loss of normal use of mental or physical faculties or a blood alcohol concentration (BAC) of 0.08% or more (Texas Penal Code § 49.01).
A zero-tolerance minor alcohol case is usually less serious than a standard DWI. However, either type of case can still create license problems and long-term consequences.
The Texas Alcoholic Beverage Commission reports that underage drivers accounted for 575 alcohol-related crashes in Texas in 2021, including 66 fatal crashes.
Related: DWI vs DUI
Can a Minor Be Charged With DWI in Texas?
Yes. A minor can be charged with DWI in Texas. Age does not prevent a DWI charge if the State claims the driver was intoxicated under Texas Penal Code §§ 49.01 and 49.04.
How the case is handled depends on the driver's age at the time of the offense. Texas treats drivers under 17 differently from those 17 to 20 years old.
|
Age Group |
Case Type |
Possible Penalties |
|
Under 17 |
Juvenile court case |
Handled in juvenile court, where outcomes vary and may include fines, license suspension, alcohol education programs, or other court-ordered conditions. |
|
17 to 20 years old |
Adult DWI case |
Usually a Class B misdemeanor with up to 180 days in jail, fines, and license suspension |
Note: The procedures for juvenile cases differ from adult criminal cases. A minor does not automatically get a lower-level charge. If intoxication is alleged, the case can proceed as a full DWI with more serious penalties.
What Is the Legal BAC for Drivers Below 21 in Austin?
For drivers 21 and older, a BAC of 0.08% or higher can lead to a DWI charge. But for drivers under 21, any detectable amount of alcohol (even below 0.08% BAC) can lead to a DUI by a minor charge.
|
Driver |
BAC Rule in Texas |
Possible Charge |
|
21 or older |
0.08% BAC or proof of intoxication |
DWI |
|
Under 21 |
Any detectable alcohol |
DUI by minor/underage alcohol-driving offense |
|
Under 21 with intoxication alleged |
0.08 BAC or loss of normal mental or physical use |
DWI |
Even low levels of alcohol can increase crash risk. According to the National Highway Traffic Safety Administration (NHTSA), 2,028 people died in crashes involving drivers with BAC levels below 0.08 (0.01–0.07) in 2024.
See Related: DWI With 0.15 BAC
Penalties for DUI or Underage DWI in Austin
The penalties depend on the charge, the driver's age and history, and whether prosecutors filed the case as DUI by a minor or standard DWI.
|
Charge or Issue |
Possible Consequences |
|
First underage DUI by a minor |
Up to a $500 fine, 60-day license suspension, 20 to 40 hours of community service, and an alcohol-awareness class |
|
17 or older with DWI and .08%+ BAC |
Up to a $2,000 fine, 3 to 180 days in jail, and a 90-day to 1-year license suspension |
|
Standard DWI |
A first-time DWI is typically a Class B misdemeanor, which carries a minimum term of confinement of 72 hours |
License Suspension for DUI or Underage DWI in Austin
If you’re under 21 and arrested for DWI in Texas, your driver’s license can be affected quickly. In many cases, the suspension process starts soon after the arrest, even before the criminal case is resolved.
This happens through the Administrative License Suspension (ALR) process, which is separate from the court case and handled by the Texas Department of Public Safety (TxDPS). Additional consequences can apply later if there is a conviction.
Under Texas law, “implied consent" means that by driving on public roads, you are considered to have already agreed to provide a breath or blood sample if you are lawfully arrested for DWI. This isn’t something you sign at the time. It’s part of the law.
Because of this, refusing a chemical test can lead to a license suspension. Under Texas Transportation Code § 724.035, a first refusal can result in about a 180-day suspension, while a second refusal can lead to a longer suspension, often up to two years. A suspension can also happen if a test is taken and shows an alcohol concentration at or above the legal threshold.
This part of the process often catches people off guard. It’s common for the license issue to move forward while the criminal case is still pending.
You do have the right to challenge the suspension by requesting an ALR hearing. This is a separate process that focuses only on whether TxDPS can suspend your license.
Important: You usually have 15 days from the date you receive notice to request an ALR hearing. If that deadline is missed, the suspension can take effect automatically.
Helpful DWI Resources
- TxDOT Underage Drinking and Driving: A summary of penalties for minors and drivers 17 or older with a .08 or greater BAC.
- Texas DPS ALR Hearing Request: The official DPS page for requesting an ALR hearing, including the 15-day deadline.
- Texas DPS Online Services - Hearing Requests: An official DPS page showing that drivers can request a hearing online for certain suspension, cancellation, revocation, denial, or ALR matters.
- Texas DPS ALR FAQ: A simple FAQ page that answers common questions about ALR hearings, including the hearing-request deadline after notice is served.
How Michael & Associates Can Help With a DUI or Underage DWI in Austin
If you or your child is facing a DUI or underage DWI charge in Austin, getting clarity early can make a difference. Understanding how the case is classified and what options are available can impact the outcome.
Even a small amount of alcohol can lead to an arrest under Texas's zero-tolerance law for drivers under 21. But being charged with underage DUI or DWI in Austin does not automatically mean the State's case is solid.
Michael & Associates can look at whether the stop was legal, whether the officer and paperwork used the right statute, whether the testing holds up, and whether the case should really be treated as a zero-tolerance minor alcohol offense or a standard DWI.
