Getting stopped for drinking and driving as a minor is scary—for the teen, the parents, and everyone involved. It can completely upend a minor’s life, but it doesn’t have to define their future. Texas has strict rules when it comes to underage drinking and driving, but understanding the process and knowing your rights can make a big difference in how things turn out.
DUI vs. DWI: What’s the Difference for Minors?
Not every situation is the same. Texas law draws a clear line between DUI by a Minor and DWI, and the difference mostly comes down to how much alcohol is involved.
DUI by a Minor
If a driver under 21 has any detectable alcohol in their system—even just a trace—they could be charged with a DUI by a Minor. It’s a zero-tolerance policy, which means there’s no wiggle room.
- Typical Penalties:
- A fine of up to $500
- 20–40 hours of community service
- Driver’s license suspension for up to 60 days
- An alcohol awareness course
In most cases, police issue a citation rather than making an arrest for a DUI. However, if things escalate—for example, if the teen refuses to cooperate or there are other legal issues—an arrest is possible.
DWI (Driving While Intoxicated)
If a minor’s BAC is 0.08% or higher, or if they’re clearly impaired, that’s a DWI. The penalties are much more serious, and law enforcement almost always makes an arrest in these cases.
- Typical Penalties:
- Fines of up to $2,000
- Jail time ranging from 3 to 180 days
- Driver’s license suspension for up to a year
- DWI education courses
Unlike a DUI by a Minor, a DWI is treated like an adult offense, even if the driver is under 21.
What Should Parents and Teens Do?
If your child is stopped for drinking and driving, here’s what to do to keep things on track:
- Stay Calm – Getting that call is nerve-wracking, but staying calm helps everyone. Gather the facts: where they are, what they’ve been charged with, and the next steps.
- Don’t Let Them Talk Without a Lawyer – The teen has a right to remain silent, and it’s important they use it. Anything they say can affect their case later. Let the lawyer do the talking.
- Hire a Lawyer Immediately – Juvenile DUI and DWI cases aren’t one-size-fits-all. An experienced lawyer can look at the details of your child’s case and work toward the best possible outcome.
- Follow Court Requirements – If the court orders things like alcohol classes or community service, make sure everything is done on time. It shows responsibility and can work in the teen’s favor during the process.
Talking to Your Teen About Drinking and Driving
The best way to prevent situations like this is by having honest, no-judgment conversations with your teen. Talk about the serious consequences of drinking and driving—legal, personal, and even financial.
Make it clear that they can always call you for a ride, no matter what. It’s better to deal with a late-night phone call than a life-changing legal problem or accident.
Moving Forward
A DUI or DWI is serious, but it doesn’t have to derail a young person’s life. The system often feels overwhelming, but there are options to protect their future and minimize the long-term impact of a mistake.
At The Law Offices of Charles A. Banker, III, we treat every family with respect and care. Whether you’re in Houston or McAllen, we’re here to guide you. Call us today at 713-227-4100 or 956-687-9133 to get the help you need.
The Law Offices of Charles A. Banker, III
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