Underage DWI & DUI in Texas

Totally sober drivers under age 21 can be charged and convicted of a crime.

Zero Tolerance for Underage DUI in Texas

Drinking alcohol and driving is a zero-tolerance combination in Texas for people under 21 years old. No breath test is required. No blood test is required. No sobriety test is required. No impairment of any kind is required. A “detectable” amount of alcohol is all the law requires for DUI, driving while under the influence of alcohol.

The charging officer decides whether to arrest or issue a citation for DUI.

License Suspension and the 15-Day Deadline

Additionally, the officer may decide to initiate a separate driver license suspension case. If this happens, you only have 15 days from the issuance of the citation or the arrest to request a hearing. Failure to meet this deadline means you automatically lose your license, so you must take decisive action quickly. A driver license hearing is held in an administrative court called the State Office of Administrative Hearings and is totally separate from the DUI.

That’s not the only danger for those who drink and drive when under age 21. All “adult” DWI criminal laws for intoxicated driving apply, too. DWI is the term Texas uses for drunk driving.

Underaged Drivers Are Treated Differently

DUI is a Class C misdemeanor, which is a crime punishable by no more than a fine of $500, plus court costs. Fortunately, time in jail beyond a possible initial arrest is not part of the punishment. However, community service and driver license suspensions are routine with convictions. Classes may also be required.

Avoiding a conviction for DUI is important. A criminal record related to alcohol looks bad on job applications. Most people charged with DUI would be best served by also trying to clean up their criminal record, a process called expunction. Obtaining an eligible outcome on a DUI is essential for an expunction.

The “adult” charge of DWI also can apply to people under 21, but with an additional difficulty, a mandatory 1-year driver license suspension upon conviction. A judge cannot waive that suspension.

Without question, any underage driver charged with DWI or DUI should immediately seek help from a lawyer who is experienced in successfully defending those kinds of charges. Hiring a lawyer well-versed in intoxication laws is essential, and the time to do so is as soon as possible.

Many lawyers claim to know how to effectively defend clients against DWI charges. All of them will happily take your money. Do your research. Choose your lawyer carefully.

Consider important questions. Who has vast experience dealing with underage drinking and driving? Who is currently active in DWI lawyer organizations and has been for decades? Who has the publicly acknowledged respect and admiration of other lawyers? Whose satisfied clients provide glowing reviews online?

Attorney Phillip W. Goff invites you to contact him during your search. He is especially qualified to help you through this difficult time.

Throughout his 30+ years of practice, he has been deeply involved in professional organizations dedicated to DWI defense and criminal defense. He has successfully represented countless college and high school students charged with DUI and DWI and scrubbed their criminal records clean. Many of his clients were targeted during Spring Break, and they have been able to recover completely from the experience. Fellow lawyers rate him as preeminent in his field, and hundreds of his clients publicly praise him online.

Compare multiple attorneys who practice where you were arrested. You deserve the best possible defense.