Underage DWI in Texas: What Parents Need to Know When Their Child Is Arrested

The phone call every parent dreads: your teenager is in custody. The details filter through in fragments — a traffic stop, alcohol, an arrest. In the hours that follow, you’ll face decisions that can significantly affect your child’s future, and you’ll be making them without complete information, probably without sleep, and definitely under enormous stress.

This post is designed to be what you need right now: a clear, accurate, practical guide to what’s actually happening legally when a person under 21 is arrested for alcohol-related driving in Texas, what it means for their future, and what you can do to protect them. Herman Martinez has helped families navigate exactly this situation, and the guidance that follows comes from real experience with these cases in Harris County courts.

Texas Zero Tolerance: Any Detectable Alcohol Is a Violation for Under-21 Drivers

Texas has a strict zero-tolerance policy for alcohol and driving when the driver is under 21. This is codified in Texas Alcoholic Beverage Code § 106.041. Unlike the standard DWI law, which requires proof of intoxication (BAC of .08 or above, or loss of normal use of faculties), the zero-tolerance law for minors requires only that the minor had any detectable amount of alcohol in their system. Zero point something. One sip. It doesn’t matter.

This is not a law that requires proof of impairment. It’s a policy of absolute prohibition for underage drivers — and it means a minor can be arrested and charged even if they appear completely sober and were driving perfectly.

DUI vs. DWI for Minors in Texas: The Critical Distinction

Texas has two different alcohol-driving offenses for minors, and the difference between them is something many parents (and some attorneys who don’t specialize in this area) don’t understand clearly. Getting this right matters enormously for how the case is handled and what the long-term consequences look like.

The key: if a minor has a BAC of .08 or higher, or if they are otherwise intoxicated, they can be charged with a full Class B DWI under the Penal Code — not just the minor DUI statute. A 19-year-old with a .12 BAC faces the same DWI charge as a 35-year-old with a .12 BAC, with all the same consequences, plus the additional license suspension consequences that apply to minors. Which charge is filed depends on the facts, the BAC reading, and the charging decision made by the officer and the prosecutor.

License Consequences: Automatic and Severe

A DUI conviction for a minor under Texas law triggers automatic license suspension. For a first offense, the suspension is 60 days. For a second offense, it’s 120 days. For a third offense, it’s 180 days. Additionally, minors convicted of DUI must perform 20-40 hours of community service (first offense), attend an alcohol awareness course, and may have additional conditions imposed.

If the minor is charged with the full DWI (Class B or higher), the license consequences are the same as for adult DWI, with the additional complication that many minors don’t yet have a long driving history to demonstrate responsibility.

The administrative license suspension process (ALR) applies to minors just as it does to adults. If your teenager gave a breath or blood sample that registered any detectable alcohol (for DUI) or .08+ (for DWI), or if they refused testing, the 15-day clock to request an ALR hearing has already started. Missing that deadline waives the right to contest the suspension. For a complete explanation of how ALR hearings work, that process is critical to understand for underage defendants as well as adults.

How a Juvenile DWI Record Follows Your Child

This is the part most parents don’t realize until it’s too late. A conviction for underage DWI or DUI in Texas is not automatically sealed or erased when your child turns 18 or 21. The automatic sealing of juvenile records doesn’t apply to Class B misdemeanors handled in adult courts — and in Texas, minors 17 and older are prosecuted as adults for Class B misdemeanors and above. A 17-year-old charged with DWI is in County Criminal Court, not juvenile court. Their record is an adult criminal record.

For the lesser DUI offense (Class C), the process is different — Class C records can potentially be expunged after completion of deferred disposition (a form of probation available in municipal courts for Class C misdemeanors). But that requires taking the right steps at the right time with the right legal guidance.

For a full DWI conviction (Class B or higher) for a minor processed in adult court, the conviction is a permanent adult criminal record — treated exactly like an adult DWI conviction — unless the case is resolved in a way that allows expunction or non-disclosure. If the case is dismissed or your teenager is acquitted, expunction is possible through the same process available to adults.

Impact on School, College Admissions, Financial Aid, and Scholarships

The consequences of an underage DWI extend well beyond the courthouse. Here’s what families need to understand:

College admissions: Most college applications ask about criminal convictions. A DWI conviction may need to be disclosed, and how institutions respond varies widely. Some colleges take a lenient view of first-time, youthful offenses; others take a harder line. Highly selective institutions may view it as a serious negative factor. This makes the outcome of the criminal case — dismissal vs. conviction — critically important to a student’s college prospects.

FAFSA and federal financial aid: A conviction for drug-related offenses while receiving federal financial aid can affect eligibility. DWI generally isn’t a drug offense for federal financial aid purposes unless the case involved drugs, so a standalone DWI conviction typically does not affect FAFSA eligibility. However, this is an area where specifics matter and legal advice is essential.

Scholarships: Private scholarship programs often have their own conduct requirements and can rescind or deny awards based on criminal convictions. Athletic scholarships in particular may be affected, as college athletic programs have conduct policies.

High school: For students still in high school, a DWI arrest may be reported to the school district and could affect participation in extracurricular activities, sports eligibility, or honor programs — depending on the district’s policies.

Driver’s license: In Texas, a DWI conviction can result in the court ordering the suspension of a minor’s license for a period beyond the standard administrative suspension. Repeated alcohol-related driving offenses can result in loss of driving privileges until age 21.

What Parents Should Do in the First 24 Hours

The decisions made in the first 24 hours after an arrest can significantly affect how the case unfolds. Here is a practical guide:

Step 1: Get your child out of custody. Find out where they’re being held and what bond or release conditions apply. For most underage DWI arrests, a minor will be released to a parent’s or guardian’s custody relatively quickly, but bond or a personal recognizance release may require a hearing.

Step 2: Do not let your child talk. The right to remain silent is real and important. Once your teenager is with you, make it absolutely clear that they should not discuss the details of the arrest with anyone — not friends, not relatives, definitely not on social media — until you’ve spoken with an attorney. Anything said can be used against them, and adolescent impulses toward explanation and social sharing can seriously damage a defense case.

Step 3: Get the paperwork. Your teenager should have been given forms at release: the citation or charge paperwork, the DIC-25 notice (which documents any license suspension and starts the 15-day ALR clock), and any other documentation from the arrest. Gather everything.

Step 4: Call an attorney that day. The 15-day ALR deadline is running. If there are field sobriety test videos to preserve, those need to be requested quickly. The earlier an attorney is involved, the more options you have. Do not wait until the first court date to get legal representation.

Step 5: Do not post on social media. Parents sometimes share their frustration or concern on social media; teenagers almost always want to tell their friends what happened. A social media post about the incident, the BAC, how much was consumed, or the circumstances of the arrest can become evidence. Every platform, every audience, every moment that content exists creates risk.

Why the Attorney You Hire for a Juvenile DWI Matters More Than for an Adult

This seems counterintuitive — why would the attorney choice matter more for a minor than for an adult facing the same charge? Several reasons:

The stakes compound over time. A 40-year-old with a DWI conviction has an established career and life. A 17-year-old with a DWI conviction has their entire adult life ahead of them, and the conviction travels with them through college applications, job applications, professional licensing processes, and every other threshold moment for the next decade or more. The long-term cost of a conviction is proportionally much higher for a young person.

Youth-specific options require youth-specific knowledge. The deferred disposition available in municipal court for Class C offenses, the nuances of which cases go to juvenile court vs. adult court for 16-and-under, the interaction between a minor’s record and adult records — these are specialized areas that a DWI attorney without juvenile case experience may miss.

Expunction timing and strategy require planning. Getting the right outcome in the criminal case is only step one. Making sure the expunction process is handled correctly afterward — so the arrest doesn’t show up on background checks when your teenager is 22 and applying for jobs — requires follow-through that not every attorney provides.

Family dynamics require sensitivity. Representing a minor in a DWI case involves working effectively with both the young client and their parents. This requires communication that an attorney who primarily handles adult cases may not be experienced in providing.

Herman’s Approach to Underage DWI Cases

Herman Martinez understands that when a teenager is arrested for DWI, the client isn’t just the young person in the courtroom — it’s the whole family. He evaluates underage DWI cases with the goal of achieving the outcome that best protects the young person’s long-term future: dismissal where possible, the most favorable resolution available when dismissal isn’t achievable, and a clear plan for expunction once the case concludes appropriately. He communicates with parents and their child at every stage of the process so the whole family understands what’s happening and why.

His background as a former Harris County chief prosecutor means he knows how the DA’s office approaches underage DWI cases and what factors influence their charging and plea decisions. That inside perspective is directly applicable to getting the best possible outcome for young clients.

Your Child’s Future Is Worth Fighting For

An arrest is not a conviction. A high BAC reading is not automatic proof of guilt beyond a reasonable doubt. Field sobriety tests can be challenged. Traffic stops can be questioned. The evidence in your teenager’s case deserves the same rigorous examination that Herman brings to every DWI case he handles.

Call Herman Martinez at (713) 242-1779 to discuss your child’s case in a free, confidential consultation. The sooner you call, the more options are available. You can also start with our online case evaluation form. Your teenager’s mistake doesn’t have to define their future — but protecting that future requires acting now.