Houston Underage DWI Attorney
If your child — or you — was arrested for an underage DWI or DUI in Houston, a Houston Underage DWI Attorney at Ceja Law Firm is ready to help you understand what comes next and fight for the best possible outcome.
Texas treats under-21 alcohol offenses on two separate tracks. Any detectable amount of alcohol for a driver under 21 is a DUI. A blood alcohol concentration of 0.08% or higher triggers a DWI — regardless of age. The penalties differ significantly, and so do the defenses.
Attorney Jose Ceja is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former prosecutor. He is certified to administer field sobriety tests and has studied breath and blood testing law extensively — the same tools police use against your child.
Houston Underage DWI Attorney: Understanding Texas DWI vs. DUI Laws for Minors
Many people use DWI and DUI interchangeably — in Texas, they are two distinct charges for drivers under 21.
DUI by a Minor (Zero Tolerance)
Texas has a zero-tolerance policy for underage drinking and driving. Any detectable amount of alcohol in a minor’s system — even below 0.08% — is enough for a DUI charge. There is no “safe” level.
Underage DWI
Texas Penal Code §49.04 defines intoxication as loss of mental or physical faculties due to alcohol or drugs, OR a BAC of 0.08% or higher. A driver under 21 who meets either definition faces a DWI — the same charge adults face. A minor with a 0.08%+ BAC is charged with DWI, not DUI, and faces harsher adult-level penalties.
Why the Distinction Matters
A DUI by a Minor is a Class C misdemeanor for a first offense — serious, but manageable. A DWI at any age can mean jail time, heavy fines, and a criminal record that follows your child for years. Knowing which charge applies is the first step in building a defense.
Penalties
(A) DUI by a Minor Under 17 — Juvenile Penalties
These are civil traffic violations handled separately from adult criminal charges:
| Offense | Fine | Community service | License suspension | Required |
|---|---|---|---|---|
| 1st Offense | Up to $500 | 20-40 hours | 60-180 days | Alcohol Awareness Course |
| 2nd Offense | Up to $500 | 40-60 hours | 120 days-2 years | Alcohol Awareness Course |
| 3rd Offense | Up to $500 | 40-60 hours | 180 days-2 years | Not listed |
No Driver’s License Provision:
If the minor does not have a driver’s license at the time of the offense, driving privileges are denied for the same period as the suspension would have applied.
(B) Underage DWI (Ages 17–20, BAC 0.08%+) — Adult Criminal Penalties
| Offense | Fine | Confinement | License suspension |
|---|---|---|---|
| 1st Offense | Up to $2,000 | Jail: 3-180 days | Up to 1 year |
| 2nd Offense | Up to $4,000 | Jail: 30 days-1 year | 180 days-18 months |
| 3rd Offense (Felony) | Up to $10,000 | Prison: 2-10 years | 180 days-2 years |
What Happens After an Underage DWI Arrest
How the Stop Works
An officer must have probable cause to stop a vehicle. Texas courts — including the Court of Criminal Appeals — have ruled many checkpoint stops unconstitutional under the Fourth Amendment. If the stop lacked valid probable cause, everything that follows may be challengeable.
Implied Consent and Refusal
By driving in Texas, your child agreed to chemical testing if arrested for DWI or DUI. Refusing the test triggers automatic license suspension:
- 1st refusal: 180-day suspension
- 2nd refusal: 2-year suspension
Step-by-Step: What Happens After Arrest
- Officer requests field sobriety test (results are subjective and can be challenged)
- Vehicle is towed at the driver’s expense
- Driver is taken to jail or hospital for a breath or blood test
- Driver is held until bond is posted or a hearing is held before a juvenile magistrate judge
Probable Cause Hearing
A minor who has been arrested may request a hearing before an administrative law judge to contest the facts and circumstances of the stop and arrest. This is a separate process from the criminal case and must be requested promptly.
The Full Cost of a Conviction
Immediate Financial Costs
- Towing and impound fees
- Court fines and surcharges
- Mandatory substance abuse course fees
- Probation supervision fees
- Ignition interlock device (if required)
- Dramatically higher auto insurance rates
Long-Term Consequences
- College admissions — many universities ask about criminal history
- Scholarship eligibility — federal aid can be affected
- Employment background checks — a conviction is on the record
- Professional licensing — medical, legal, teaching, and other licensed fields may be affected
- Immigration status — non-citizen minors face potential consequences including visa issues or removal proceedings
How Attorney Jose Ceja Defends These Cases
Attorney Ceja approaches every underage DWI and DUI case by looking for weaknesses in the government’s evidence — from the moment of the stop to the lab results.
Challenge the Stop
If the officer lacked probable cause to pull over the vehicle, or if the stop occurred at a checkpoint that has been ruled unconstitutional under the Fourth Amendment, the entire arrest may be suppressible.
Contest the BAC Evidence
Field sobriety tests are subjective — the same officer who suspects intoxication performs and grades the test. Breath and blood test results can be challenged based on equipment calibration, testing procedures, and chain-of-custody issues. Attorney Ceja’s training in breath and blood testing law gives him a technical edge when fighting these results.
Pursue Pretrial Diversion
For first-time offenders, Attorney Ceja works to negotiate pretrial diversion programs that can keep a conviction off the record entirely.
Negotiate Charge Reduction
When diversion is not available, reducing a DWI to a lesser charge can mean the difference between a criminal record and a manageable outcome.
Fight the ALR License Suspension
The Administrative License Revocation hearing is separate from the criminal case. Attorney Ceja fights both simultaneously — starting with the 10-day deadline.
Frequently Asked Questions
A DUI applies when a minor under 21 has any detectable amount of alcohol — even below 0.08%. A DWI applies when any driver, including a minor, has a BAC of 0.08% or higher or has lost mental or physical faculties due to alcohol or drugs. The DWI carries significantly harsher criminal penalties.
In some cases, yes — particularly for first-time offenders who complete deferred adjudication or pretrial diversion. Expungement eligibility depends on the specific outcome of the case. Attorney Ceja evaluates expungement options as part of every defense strategy.
After an arrest for underage DWI or DUI, Texas law gives the driver only 10 days to request an Administrative License Revocation (ALR) hearing to contest the license suspension. Missing this window results in automatic suspension — regardless of how the criminal case proceeds.
Yes. Even a first-offense DUI by a Minor has real consequences: fines, community service, license suspension, and an Alcohol Awareness Course. A DWI is a criminal charge with potential jail time and a permanent record. An experienced attorney can challenge the evidence, protect your child’s license, and pursue outcomes that minimize long-term damage.
If you need a Houston Underage DWI Attorney, time is critical. The 10-day window to protect your child’s driver’s license opens the moment of arrest — and closes fast.
Attorney Jose Ceja offers free and confidential consultations for families facing underage DWI and DUI charges in the Houston area. Hablamos español.
Ceja Law Firm serves clients throughout: Houston, Harris County, Fort Bend County, Brazoria County, Galveston County, Chambers County, Montgomery County, Liberty County, Walker County, and Waller County.
Call Ceja Law Firm now — free and confidential consultation.
Don’t wait. The 10-day deadline is already running. Hablamos español.
