Defending Young Drivers Accused Of DUI Under 21 In Texas

Last updated on March 15, 2025

Texas has very strict rules for drivers under 21 when it comes to alcohol. Understanding Texas’ minor alcohol offense laws is crucial if you or your child is facing allegations of underage DUI. We at The Sanchez Law Firm are here to explain your rights and options. Based in McAllen, we help college students, high school students and other young drivers fight alcohol-related driving charges. Turn to our DUI attorney, Sergio Sanchez, for experienced guidance and results-focused advocacy.

What Is Texas’ Zero Tolerance Law?

This young driver DUI law makes it illegal for individuals under 21 in Texas to have any detectable alcohol in their system while driving. This is stricter than the zero tolerance laws of many other states, which often set the legal limit for young drivers at .02% blood alcohol content (BAC).

What Happens If A Young Driver Is Suspected Of Violating The Zero Tolerance Law?

Here is an overview of what typically happens at the start of a zero tolerance case:

Traffic stop: Police pull a young driver over for suspected driving violations, possibly conducting field sobriety tests during this stop.
Arrest: If police see sufficient signs of potential drinking, they may arrest the driver.
Breath test: After arrest, police may request a chemical test to determine the BAC of the driver.
Administrative suspension: If the driver tests positive for alcohol, they will generally face an administrative license revocation.
Criminal charges: Authorities will decide whether to bring criminal charges against the driver.

What happens at each of these early steps can have significant impacts. This is among the reasons why it is generally the case that the sooner a young driver gets a skilled DUI attorney in their corner, the better.

The Administrative License Suspension Process For Drivers Under 21

The administrative license revocation (ALR) process is separate from criminal proceedings. Young drivers will typically face this process after a failed BAC test. As part of it, a driver is given a temporary license and the opportunity to request a hearing. If they don’t request a hearing or are unsuccessful at the ALR hearing, a license suspension will follow. For drivers under 21, the suspension is 60 days for a first offense and 120 days for a second offense. Our lawyer can help you with contesting an ALR through a hearing.

Can A Driver Under 21 Refuse A Breath Test In Texas?

Texas’s implied consent law requires drivers to submit to breath tests or other chemical tests if requested by law enforcement after an arrest. This mandate applies to all drivers in the state, regardless of age. So, drivers under 21 can face serious consequences if they refuse to take such a test. It can lead to an administrative license revocation of 180 days for a first offense and two years for a second offense. These suspensions are longer than those for failing a test, highlighting how seriously the state treats refusals. We can help you respond to the challenges you face if you are accused of an underage breath test refusal.

What Is DUI/DUIA In Texas?

In Texas, driving under the influence (DUI) is a criminal offense that applies specifically to drivers under 21 who have any alcohol in their system. It is also sometimes known as driving under the influence of alcohol (DUIA). It is a Class C misdemeanor, so jail time is typically not on the table. However, there are other impactful consequences you could face if convicted of a DUI/DUIA charge. The penalties for a first-time underage DUI offense can include:

A fine: Up to $500
License suspension: 60 to 180 days
Community service: 20 to 40 hours
Alcohol awareness program: Mandatory attendance in such a course

Teen DWI penalties increase for subsequent offenses.

For drivers 18 and older, a third or higher DUI offense can carry especially harsh consequences. Jail time of up to 180 days is a possibility.

Our attorney is deeply knowledgeable about the specific rules around underage DUI/DUIA in Texas and is ready to provide you with tailored defense strategies if you are charged with this offense.

Can Drivers Under 21 Face Adult DWI Charges In Texas?

Yes, a young driver could be given an adult DWI charge rather than a juvenile DUI charge if both of the following apply:

They are 17 or older.
They tested at or above .08% BAC or are accused of having drugs in their system.

The penalties for DWI are much harsher than for DUI. These include mandatory jail time, longer suspensions and substantial fines. For a third DWI offense, the charge level rises to a felony, carrying even heavier potential sentences.

Our attorney understands how much can be at stake for young drivers facing adult DWI charges and will aggressively fight for your best interests and future.

Additional Under 21 DUI/DWI Consequences

For young drivers, the potential impacts of a DWI or DUI charge extend beyond the legal consequences. Such legal problems could:

Disrupt your everyday life
Limit your education or career opportunities
Cause you to face increased insurance costs and other significant financial burdens.

Our Texas minor DUI attorney can help young drivers accused of underage drunk driving seek to minimize the impact their case has on their lives. We can also help drivers convicted of DUI/DWI as minors explore their options for trying to clear their record through expungement or nondisclosure.

Defense Strategies For Underage DUI/DWI

There are several ways to fight Texas DUI/DWI charges, including:

Challenge the traffic stop: Was the stop conducted legally?
Question the breath test: Were proper procedures followed, and was the test accurate?
Carefully examine the evidence: Is there sufficient evidence to prove intoxication beyond a reasonable doubt?
Explore alternative options: Are diversion programs or plea deals a possibility?
Assert mitigating factors: Are there circumstances that could lessen the severity of the charges or penalties?

Our attorney can help you understand your defense options and build custom defense strategies focused on your goals.

Let Us Stand Up For Your Future

You don’t have to fight underage DUI/DWI charges alone. Our tenacious, results-focused attorney is ready to defend you. Reach out today by emailing us or calling 956-687-7708. We offer free consultations. Se habla español.