Can you get a DWI in Texas if you are under 21?

Yes. A driver under 21 can face a DWI charge in Texas if the State alleges they were intoxicated. A minor may also face a DUIA charge for driving with any detectable amount of alcohol in their system, even below .08 BAC.

Texas Underage DWI Laws - Learn Your Rights and Defenses

One Mistake Shouldn’t Define Your Future

By Thom Nisbet

If you are under 21 and facing a drunk driving charge in Texas, you may be scared, overwhelmed, and unsure what happens next. That is understandable. Texas takes underage DWI seriously, even when the driver is below the adult legal limit.

But an arrest does not mean your future is over. You still have rights. You may have defenses. And the decisions you make early can affect your license, your record, your education, and your future opportunities.

At Christian, Nisbet & Casillas, we help young clients and their families navigate underage DUI and DWI cases with one goal in mind: protecting your record, your driving privileges, and your future.

What Is Underage DWI in Texas?

Texas has a strict zero-tolerance law for drivers under 21. That means a minor can face consequences for driving with any detectable amount of alcohol in their system. Under Texas Alcoholic Beverage Code § 106.041, a minor may be charged with Driving Under the Influence of Alcohol by a Minor, often called DUIA, if they operate a motor vehicle or watercraft in a public place while having any detectable amount of alcohol in their system.

That is different from a standard DWI charge.

A minor may face a DUIA charge when alcohol is detected, even if their blood alcohol concentration is below .08. But if the State alleges that the minor was legally intoxicated, including by having a BAC of .08 or higher, the case may be charged as Driving While Intoxicated under Texas Penal Code § 49.04. Texas law defines DWI as operating a motor vehicle in a public place while intoxicated, and a first offense is generally a Class B misdemeanor.

DUIA vs. DWI for Drivers Under 21

This distinction matters.

DUIA, or DUI by a minor, usually applies when the driver is under 21 and has any detectable amount of alcohol in their system, but the case does not necessarily involve proof of legal intoxication.

DWI is more serious and can apply to a driver of any age, including someone under 21, when the State claims the driver was intoxicated.

In other words, a young driver can face legal consequences even if they are below .08, but a higher BAC or other evidence of impairment can lead to a more serious DWI charge.

Penalties for Underage DUIA or DWI in Texas

The penalties depend on the charge, the driver’s age, prior history, BAC level, and the facts of the case.

DUIA, Under 21 With Detectable Alcohol

A first-time DUIA offense is generally treated as a Class C misdemeanor. Penalties may include:

· A fine of up to $500

· Community service

· Mandatory alcohol awareness education

· Driver’s license suspension

Texas DPS materials state that a first alcohol-related offense by a minor can include a driver’s license suspension, community service, and an alcohol awareness course.

DWI, Under 21 and Allegedly Intoxicated

If a minor is charged with DWI, the penalties become more serious. A first DWI offense is generally a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000. Texas Penal Code § 49.04 also provides for a minimum term of confinement of 72 hours for a Class B DWI offense.

For minors convicted of DWI, DPS states that the driver may receive a one-year driver’s license suspension, with longer consequences possible for later alcohol-related offenses.

Even a first arrest can create serious problems. A young person may have to deal with court dates, license issues, school consequences, college applications, scholarship concerns, job questions, and long-term record issues.

Why the First Few Days Matter

After an arrest, the criminal case is only one part of the problem. There may also be a separate driver’s license process.

In many DWI cases, a driver has only 15 days to request an Administrative License Revocation, or ALR, hearing after receiving notice of suspension. If the request is late, DPS states that the request may be denied and the suspension can go into effect on the 40th day after notice is served.

That deadline is one reason families should speak with a defense attorney quickly. Waiting too long can limit the options available to challenge the license suspension.

Defending a Charge

At Christian, Nisbet & Casillas, our defense strategy is focused on protecting more than the immediate case. We look at the stop, the evidence, the testing process, the license consequences, and the long-term effect on the client’s future.

1. Challenging the Stop

Police must have a lawful reason to stop a vehicle. If the officer did not have reasonable suspicion or probable cause, evidence gathered after the stop may be challenged.

2. Questioning the Alcohol Evidence

In a DUIA case, the State may rely on evidence of detectable alcohol. In a DWI case, the State may rely on breath tests, blood tests, field sobriety tests, officer observations, or video evidence.

Those details matter. Breath and blood testing must follow proper procedures. Field sobriety tests are not perfect. Officer conclusions can be challenged.

3. Fighting the License Suspension

The license issue can move quickly. We help clients understand ALR deadlines, hearing options, occupational license issues, and possible ways to keep driving for school, work, or family obligations.

4. Pursuing Diversion, Reduction, or Dismissal When Available

For some first-time offenders, there may be options that focus on accountability without allowing one mistake to define the rest of their life. Depending on the facts, this may include diversion, reduction, dismissal, or other negotiated outcomes.

5. Protecting the Record

A criminal record can follow a young person into adulthood. When available, we evaluate options for expunction, nondisclosure, or other record-clearing strategies. Eligibility depends on the charge, the outcome, and the facts of the case.

What Parents and Students Should Do After an Arrest

If your child has been arrested or cited, do not assume the case will simply go away because they are young or because it is a first offense.

Take these steps immediately:

· Do not speak to police, prosecutors, or school officials about the facts without legal advice

· Save paperwork from the arrest or citation

· Preserve text messages, receipts, rideshare records, location data, and witness information

· Request legal help before the ALR deadline passes

· Avoid posting about the incident on social media

· Speak with a defense attorney before entering any plea or agreement

Final Thoughts

One mistake should not define a young person’s future. Underage DUI and DWI charges in Texas are serious, but they can often be challenged, negotiated, or managed in a way that protects what matters most.

Whether you are a student, a parent, or a young adult trying to move forward, Christian, Nisbet & Casillas can help you understand the charge, protect your rights, and fight for the best possible outcome.

When the law comes down hard too early…we’re that call

Frequently Asked Questions About Underage DWI in Texas

DUIA usually applies to a driver under 21 who has any detectable amount of alcohol in their system. DWI is more serious and applies when the State alleges the driver was intoxicated, which may involve a BAC of .08 or higher or other evidence of impairment.
Yes. Texas has a zero-tolerance law for drivers under 21. A minor can face a DUIA charge for driving with any detectable amount of alcohol, even if the BAC is below .08.
Yes. An underage alcohol-related driving charge can affect a driver’s license, school obligations, college applications, scholarships, employment opportunities, and professional licensing questions. The long-term impact depends on the charge, outcome, and record eligibility.
In many Texas DWI cases, the driver has 15 days from the date notice is served to request an ALR hearing. If the hearing is not requested on time, the license suspension may go into effect.
Some cases can be dismissed, reduced, or resolved through diversion depending on the facts, the evidence, the driver’s record, and local court procedures. A defense attorney can review the stop, testing process, video, reports, and license issues to determine the best path forward.
Yes. Parents should speak with a criminal defense attorney quickly because the case may involve court deadlines, ALR deadlines, license consequences, and record concerns. Early legal guidance can help preserve important defense options.