Underage DWI

A driver under 21 can be charged with either DUI by a minor or DWI in Houston. DUI by a minor requires only a detectable amount of alcohol. DWI requires proof of intoxication, such as a BAC of at least 0.08 or loss of normal mental or physical abilities. The applicable charge affects the court process, penalties, and driver’s license consequences.

Texas Alcoholic Beverage Code § 106.041 establishes the state's zero-tolerance rule. A person under 21 may be charged with DUI by a minor for operating a motor vehicle in a public place with any detectable amount of alcohol, even when the reported BAC is below 0.08%.

A young driver can also face DWI under Texas Penal Code § 49.04. DWI requires proof of intoxication, which can mean a BAC of 0.08 or higher or the loss of normal mental or physical abilities because of alcohol, drugs, medication, another substance, or a combination of substances.

Under 21 DWI Defense Attorney in Houston, Texas

Being arrested for underage DWI can have serious consequences. Whether the offense happens after a party, concert, college event, or night out in Downtown Houston, you may be taken into custody and have to deal with bond conditions, court dates, a towed vehicle, license suspension, and school discipline.

The first step is to determine which offense was actually filed. A case involving detectable alcohol is not automatically a DWI. Depending on the driver's age, evidence, and charge filed, it may be a DUI-by-a-minor case, a juvenile matter, or an adult criminal DWI case.

At Michael & Associates Criminal Defense Attorneys, we help people in Harris County who are dealing with underage DWI. We can review the traffic stop, officer observations, body-camera footage, field sobriety tests, breath or blood testing, arrest paperwork, and possible license deadlines. This can help clarify the charge and identify issues that may affect the defense.

While past results do not guarantee a similar outcome, the firm’s internal 2025 data shows favorable outcomes in 63.6% of the DWI matters categorized as jury-trial wins, including acquittals, dismissals, and directed verdicts. 

Can a Minor Be Charged With DWI in Houston?

Yes. A person under 21 may be charged with DWI if the State alleges that the person operated a motor vehicle in a public place while intoxicated.

DUI by a minor under § 106.041 is based on detectable alcohol. Alleged impairment by marijuana, prescription medication, or another drug may instead support a DWI charge if the State claims the substance caused intoxication.

The likely court process depends heavily on the driver's age at the time of the alleged offense.

For a driver under 17, a felony-level intoxication allegation is generally handled as delinquent conduct in juvenile court unless the case is lawfully transferred to adult criminal court. Drivers 17 to 20 generally face the adult criminal system.

Note: Texas Family Code Section 51.02 generally defines a child as a person who was at least 10 and younger than 17 when the conduct occurred. That is why a 16-year-old and a 17-year-old accused of the same DWI conduct may enter different court systems.

DUI by a Minor: Texas Zero Tolerance Law

Texas Alcoholic Beverage Code § 106.041 makes it an offense for a person under 21 to operate a motor vehicle in a public place with any detectable amount of alcohol in their system. This is commonly called DUI by a minor or underage DUI.

For DUI by a minor, the State generally must prove that the person:

• Was younger than 21;
• Operated a motor vehicle;
• Operated it in a public place; and
• Had a detectable amount of alcohol in the person's system.

Prosecutors do not have to prove a BAC of 0.08 or show that the driver had lost the normal use of mental or physical abilities. The allegation may be based on a chemical test, an admission, the smell of alcohol, or other evidence. But the reliability and legal sufficiency of that evidence can still be challenged.

DWI for a Driver Under 21

For DWI under Texas Penal Code § 49.04, the State generally must prove beyond a reasonable doubt that the person:

• Operated a motor vehicle;
• In a public place; and
• Was intoxicated at the time of operation.

Intoxication may be alleged through a reported BAC of 0.08 or higher, a claimed loss of normal mental or physical abilities, or both. The State may rely on driving behavior, officer observations, statements, field sobriety tests, body-camera recordings, and breath or blood evidence.

What Alcohol Rule Applies to Drivers Under 21 in Houston?

For drivers 21 and older, a BAC of 0.08% or more can support a DWI allegation. But for drivers under 21, any detectable alcohol can lead to a DUI-by-a-minor charge.

Penalties for DUI by a Minor in Houston

Here are the possible penalties for a DUI by a minor:

Certain juvenile adjudications and prior deferred dispositions may count as convictions for enhancement purposes.

Penalties for Underage DWI in Houston

For drivers ages 17 to 20, being under 21 generally does not reduce the DWI classification or adult punishment range. Drivers under 17 are generally handled in the juvenile justice system unless the case is lawfully transferred to adult criminal court.

A DWI conviction may also trigger a separate state traffic fine. The amount is generally $3,000 for a first DWI within 36 months, $4,500 for a second DWI or later conviction within 36 months, and $6,000 if the BAC was 0.15 or higher.

Will an Underage DWI Suspend a Driver's License?

Yes. An underage DUI or DWI can result in more than one type of driver’s license suspension. The applicable suspension depends on the charge, chemical-test results, whether the driver refused testing, prior alcohol-related contacts, and the final outcome of the case.

A DUI-by-a-minor conviction generally results in:

• First offense: 60-day suspension
• Second offense: 120-day suspension
• Third or subsequent offense: 180-day suspension

A driver under 21 may also face a separate Administrative License Revocation proceeding through the Texas Department of Public Safety. This administrative case can suspend the driver’s license before the criminal or juvenile court determines guilt.

General ALR suspension periods for drivers under 21 include:

• Detectable alcohol: 60 days for a first offense, 120 days with one qualifying prior conviction, and 180 days with two or more qualifying prior convictions
• Test refusal: 180 days for a first qualifying refusal and two years if the driver has a qualifying alcohol- or drug-related enforcement contact during the preceding 10 years

A DWI conviction can produce another license suspension. A person under 21 convicted of DWI generally faces a one-year suspension. In a qualifying community-supervision case, the suspension may be reduced to 90 days when the court orders installation of an ignition interlock device.

The deadline for requesting an ALR hearing depends on how notice is provided:

• A driver served with a suspension notice generally has 15 days from the date of service to request a hearing.
• If DPS mails a suspension notice after receiving blood-test results, the driver generally has 20 days from the mailing date to request a hearing.

If the driver does not request a hearing within the time specified in the applicable notice procedure, the suspension generally begins on the 40th day.

The DUI, DWI, or juvenile case and the DPS proceeding are separate. A driver may therefore face an administrative suspension arising from the arrest and another suspension following a conviction.

Where Are Underage DWI Cases Handled in Houston?

The correct court depends on the driver's age, the charge, the arresting agency, and where the alleged offense occurred.

• Harris County juvenile proceedings are handled at the Juvenile Justice Center, 1200 Congress Street.
• Adult misdemeanor DWI cases are generally handled at the Harris County Criminal Justice Center at 1201 Franklin Street.
• Houston municipal cases are handled at the Herbert W. Gee Municipal Courthouse, 1400 Lubbock Street.

If the alleged offense occurred outside Harris County, the case may instead be filed in the county where the offense occurred, such as Fort Bend, Montgomery, Brazoria, or Galveston County.

Note: In a Houston municipal juvenile proceeding, a driver under 17 generally must appear with a parent or legal guardian.

Possible Defenses in an Underage DWI or DUI Case

The defense depends on the specific allegation. In a DWI case, the State must prove intoxication. In a DUI-by-a-minor case, the State generally must prove that the driver was under 21, operated a motor vehicle in a public place, and had a detectable amount of alcohol in their system.

Possible defense issues may include:

• No valid reason for the traffic stop
• No proof that the young person operated the vehicle
• Weak or inconsistent officer observations
• Problems with field sobriety tests
• Missing, unclear, or incomplete body-camera footage
• Errors in breath or blood testing
• Rising BAC issues
• No reliable proof of detectable alcohol
• Problems with arrest paperwork, charging documents, or court jurisdiction

These issues do not apply in every case. But a careful review of the evidence can matter before a young driver or family makes decisions about court, probation, a plea offer, or license consequences.

Helpful DWI Resources

1. Texas DPS Alcohol-Related Laws for Minors: Explains Texas zero-tolerance rules, underage DUI consequences, DWI penalties, and alcohol-related driver's license suspensions.
2. Texas DPS Administrative License Revocation Information: Provides information on ALR suspensions and hearing requests after a failed or refused breath or blood test.
3. City of Houston Municipal Courts Juvenile Information: Explains court appearance requirements for defendants under 17, including the requirement that a parent or guardian generally appear with the child.
4. Harris County Juvenile Probation Department: Offers local information for families whose child has entered the Harris County juvenile justice system.
5. Texas Department of Transportation Teen Driver Safety Resources: Provides educational information about teen driving risks, impaired driving, and Texas road safety.

Talk to a DWI Defense Lawyer in Houston

An underage DWI or DUI arrest can feel like a defining event for a young driver and the entire family. It may affect driving privileges, school, work, insurance, and the future, but an accusation does not establish guilt.

Before accepting the officer's account or entering a plea, the evidence should be examined carefully. The traffic stop, proof of operation, field sobriety tests, body-camera footage, breath or blood testing, laboratory records, and DPS notices may contain legal or scientific issues that affect the case.

Our Houston DWI defense team, led by Charles A. Pelowski, who is Board Certified in Criminal Law by the Texas Board of Legal Specialization, represents young drivers and families facing underage DUI and DWI allegations. We can determine whether the case involves DUI by a minor, juvenile DWI, adult misdemeanor DWI, felony DWI, or a separate license proceeding and explain the options that apply.

The firm’s ACS-CHAL Forensic Lawyer-Scientists and Houston defense attorneys can evaluate breath, blood, and other forensic evidence, explain possible license consequences, and help the family make informed decisions about what comes next.

Contact us for a free case review.

This page provides general legal information and is not a substitute for advice about a particular case. Prior outcomes do not guarantee a similar result.