In San Antonio, underage DWI means the State is accusing a driver under 21 of operating a motor vehicle in a public place while intoxicated (Texas Penal Code § 49.04). But "underage DWI" is not a separate Texas offense. It's just a common way to describe a DWI charge against a driver under 21.
Texas also has a separate DUI-by-a-minor law (Texas Alcoholic Beverage Code § 106.041) for drivers under 21 who operate a vehicle with any detectable amount of alcohol, even if they are not legally intoxicated.
While DWI focuses on intoxication, DUI can apply to minors even if the alcohol concentration is below 0.08.
For a teenager, college student, or young adult in San Antonio, either charge can be stressful. Both DUI and underage DWI can affect a minor's driver's license, school, insurance, scholarships, military plans, internships, jobs, and future background checks.
Under 21 DWI Defense Attorney in San Antonio, Texas
If you or your child was arrested for underage drinking and driving in San Antonio, understand that the case can move quickly. You may have a court date, a DPS license issue, and questions from the school, parents, employers, or insurance companies, all happening at the same time.
Michael & Associates can help you understand what charge you are facing, which court will handle the case, and what may happen next. It can either be a juvenile matter or an adult criminal DWI case. But whether it's a DUI or DWI charge, it doesn't have to define your future.
Our DWI defense attorneys can review the stop, officer observations, field sobriety tests, bodycam footage, and breath or blood test results to help you determine possible defense strategies for your case.
Can a Minor Be Charged With DWI in San Antonio?
Yes, a minor or a person under 21 can be charged with DWI if the State claims they were intoxicated while operating a motor vehicle in a public place. Texas Penal Code § 49.04 doesn't limit DWI charges to people who are 21 or older.
Intoxication is defined in Texas Penal Code § 49.01 as:
- Having an alcohol concentration of 0.08 or more, or
- The loss of the normal use of mental or physical faculties because of alcohol, drugs, medication, or another substance.
That means a DWI case can involve either alcohol, marijuana, prescription medication, controlled substances, dangerous drugs, or a combination of substances.
Zero Tolerance Law in Texas
Not every underage alcohol-related driving case is a DWI. If the blood alcohol concentration (BAC) is less than 0.08%, a minor can still be charged with DUI because Texas has a zero-tolerance law for drivers under 21.
Under Texas Alcoholic Beverage Code § 106.041, a minor commits an offense if they operate a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in their system.
So, even if the State does not have enough evidence to prove intoxication under the DWI statute, a young driver may be accused of DUI by a minor based on detectable alcohol.
Many drivers mistakenly believe they're legally safe as long as they stay under the .08% legal limit. But even a small amount of alcohol can affect driving ability. According to the National Highway Traffic Safety Administration (NHTSA), 2,028 people were killed in alcohol-related crashes in 2024 where a driver had a BAC of .01 to .07 g/dL.
Additionally, a BAC below 0.08% does not automatically rule out DWI. Prosecutors may still try to prove DWI if they believe alcohol, drugs, medication, or another substance caused the driver to lose the normal use of mental or physical faculties.
What Is the Legal BAC for Someone Under 21 in San Antonio?
For DWI, the BAC number most people know is 0.08%. If the State claims a driver had a blood alcohol concentration of 0.08% or higher, it may try to prove intoxication through the test result.
But for drivers under 21, alcohol is treated more strictly. Even if the driver's BAC is below 0.08%, just having any detectable amount of alcohol while operating a vehicle can trigger a DUI-by-a-minor charge under the Texas zero-tolerance law.
Penalties for Underage DWI in San Antonio
Penalties depend on what charge was filed. Age, BAC, prior history, and aggravating facts can all change the outcome.
|
Type of Case |
Possible Penalties |
|
DUI by a minor, first offense |
Fine up to $500, 60-day driver's license suspension, 20 to 40 hours of community service, and mandatory alcohol-awareness classes |
|
DWI, driver under 17 |
May involve the juvenile system, juvenile court, supervision, counseling, treatment, or other court-ordered conditions, depending on the exact charge |
|
DWI, driver age 17 to 20 |
Usually starts as a Class B misdemeanor, with a fine up to $2,000, 3 to 180 days in jail, possible probation, and driver's license consequences |
|
DWI with an alcohol concentration of 0.15 or higher |
Can be charged as a Class A misdemeanor under Texas Penal Code § 49.04(d) |
|
DWI with a child passenger under 15 |
Can be charged as a state jail felony |
|
DWI in a school crossing zone during the reduced-speed period |
A qualifying offense committed on or after September 1, 2025, can be charged as a state jail felony under Texas Penal Code § 49.04(e) |
The court depends on the driver's age and the charge. A DUI-by-a-minor case may go to municipal or justice court. A juvenile DWI may go through the juvenile system. A DWI for a 17- to 20-year-old is usually handled in adult criminal court.
In addition to court fines and costs, Texas law may impose a state fine of $3,000, $4,500, or $6,000 upon conviction, depending on factors such as prior convictions and BAC level.
Long-term consequences of underage DWI can include issues with:
- Car insurance
- College applications
- Financial aid
- Military plans
- Internships
- Job applications
- Professional licensing
License Suspension for Underage DWI
A young driver may need a driver's license to get to school, work, family responsibilities, college classes, or appointments across San Antonio and Bexar County. But an underage DWI case can create driver's license consequences.
If convicted of DWI, a person under 21 can receive a one-year driver's license suspension. If the case involves a failed or refused chemical test, the driver may also face an Administrative License Revocation (ALR) issue separate from the criminal case.
Review the license issue as soon as possible. Generally, an ALR hearing is needed to challenge the license suspension. Usually, it must be requested within 15 days after the notice is served. But if you miss this deadline, the request will be denied, and it will be much harder to challenge the suspension.
Possible Defenses in an Underage DWI or DUI Case
In an underage DWI case, the State must prove intoxication. In a DUI-by-a-minor case, the State must usually prove that the driver was under 21, operated a motor vehicle in a public place, and had a detectable amount of alcohol. Your defense strategy will depend on the specific charge and the facts of the case.
Possible defenses may include:
- No valid reason for the stop
- No proof of operation
- Problems with field sobriety, breath, or blood tests
- No proof of intoxication
- Rising BAC concerns
- Weak detectable-alcohol evidence
- Age, court, and paperwork issues
These defenses don't apply in every case. But they show why it's important to review the traffic stop, bodycam footage, field sobriety tests, chemical testing, court paperwork, and license deadlines before deciding how to respond.
Helpful DWI Resources
- Texas DPS Alcohol-Related Offenses: Explains driver's license consequences for alcohol-related offenses, including under-21 DWI suspension information.
- Texas DPS ALR Hearing Request Form: Provides the online request process for an ALR hearing after a failed or refused test.
- TxDOT Underage Drinking and Driving: An overview of under-21 drinking-and-driving penalties, including fines, community service, alcohol-awareness classes, and license suspension.
- Bexar County Juvenile Probation Department: Useful for families trying to understand local juvenile probation resources.
- San Antonio Municipal Court Procedures: Includes local court procedure information, including rules for minors entering pleas in Alcoholic Beverage Code cases in open court.
Underage DWI Defense Lawyer in San Antonio, TX
An underage drinking-and-driving arrest can happen after a party, a night out at the River Walk, a college event at UTSA, or anywhere across San Antonio. It can quickly become stressful for both the young driver and their family.
A DUI or underage DWI case can affect more than just a young person's license. It can also affect their parents' trust, school, work, insurance, and future opportunities. But mistakes can happen during stops, testing, and paperwork.
Michael & Associates can help you review the evidence to identify potential flaws and plan possible defenses. Our accredited DWI scientists, including San Antonio office leader RC Pate, can help protect your rights, review your license options, and explain the path forward before the case creates more stress or long-term consequences.
If you or your child is facing an underage DWI charge in San Antonio, contact us for a free case review.
