Underage DWI

Houston Underage DWI Attorneys

Flashing police lights in the rearview mirror on a busy Houston roadway, like Interstate 45, the Westheimer Curve, or the Interstate 10 corridor, can instantly throw a young life into chaos. 

Young drivers face strict rules on Texas roads. A single error or misunderstanding during a traffic stop can lead to a lasting criminal record. Facing underage DWI charges in Houston requires rapid, decisive action. 

If you or your child face allegations of operating a motor vehicle after you consume alcohol, you need skilled Houston underage DWI Attorneys who understand how to tear down the prosecution’s case. Texas laws target underage drinking and driving offenses aggressively, meaning that a strong DUI defense is necessary to avoid the worst outcomes. Our legal professionals work to find errors in police procedures, challenge chemical test results, and pursue options to keep your driving record clean.

Protect Your Child’s Future with a Warrior Spirit

Do not leave your child’s future to chance or let a single mistake dictate their entire career. Call the Charles Johnson Law Firm immediately, where you will speak directly with Charles Johnson, who will provide his personal cellular phone number for 24/7 communication throughout your case.

DUI vs. DWI under Texas Law: Knowing the Critical Differences

Texas enforces a strict Texas zero-tolerance law for minors who consume alcoholic beverages and drive. Many people use the terms DUI and DWI interchangeably, but they represent entirely different charges under state law. Knowing these differences is vital when building a defense.

Under the Texas Alcoholic Beverage Code Section 106.041, a minor commits the offense of driving under the influence (DUI) if they operate a motor vehicle in a public place while having any detectable amount of alcohol in their system. The state classifies this offense as a class C misdemeanor. It does not require proof of impairment. A police officer only needs to prove that the underage driver had a detectable amount of alcohol in their system while behind the wheel.

Conversely, driving while intoxicated (DWI) under Texas Penal Code Section 49.04 is a far more serious charge that applies to drivers of all ages. A DWI conviction requires proof of intoxication, meaning the driver did not have the normal use of mental or physical faculties due to alcohol, drugs, or a combination, or had a blood alcohol concentration of 0.08% or higher. An underage driver can face full DWI charges instead of a simple DUI if the state believes they meet this higher standard of intoxication.

Severe Legal Penalties for Underage Drunk Driving Convictions

The legal penalties for a juvenile DWI or an adult underage DWI in Harris County vary based on the specific charge. 

A first offense DUI as a minor (under the age of 21) carries criminal penalties under the Texas Alcoholic Beverage Code.

These include:

  • A fine of up to $500
  • Mandatory community service of 20 to 40 hours
  • Attendance in an approved alcohol awareness course
  • A driver’s license suspension of 60 days

If the state files class B misdemeanor DWI charges, the consequences increase dramatically.

A first DWI conviction can result in:

  • A jail sentence of up to 180 days, with a minimum of 72 hours
  • A fine of up to $2,000
  • Driver’s license suspension ranging from 90 days to one year
  • Up to 100 hours of community service

If an underage driver has a blood alcohol concentration of 0.15% or higher, the charge escalates to a Class A misdemeanor, carrying up to one year in jail and a $4,000 fine. Multiple offenses or accidents causing serious injury can even escalate the situation to a third-degree felony under Texas Penal Code Section 49.09.

Implied Consent and Driver’s License Suspension

When a police officer suspects an underage driver of drunk driving, they will likely request a breath or blood sample. Under Texas Transportation Code Section 724.011, Texas’s implied consent law requires that anyone operating a motor vehicle in a public place has consented to this testing. 

Refusing to provide a breath or blood sample does not stop the legal process; refusal triggers an automatic driver’s license suspension. For an underage driver, a first-time refusal results in a 180-day license suspension. If the driver takes the test and shows a detectable amount of alcohol, the state can suspend their license for 60 days.

Losing driving privileges disrupts school, work, and daily family life in a sprawling city like Houston. Challenging this suspension requires requesting an Administrative License Revocation (ALR) hearing within 15 days of being served notice, according to the Texas Department of Public Safety Administrative License Revocation program. Our legal team aggressively fights these suspensions to keep young drivers on the road.

Aggressive DUI and DWI Defense Strategies

A charge is not a conviction. Our Houston underage DWI lawyers approach every case with a warrior spirit, thoroughly analyzing the facts to find avenues for defense. We look closely at every detail of the traffic stop and subsequent arrest to build a strong defense strategy.

Common defense strategies in underage drunk driving cases include:

  • Challenging the Traffic Stop: A police officer must have reasonable suspicion to pull over a vehicle. If the officer initiated the stop without a valid legal reason, it is an illegal traffic stop, and any evidence gathered afterward may be excluded.
  • Lack of Probable Cause: Law enforcement must have probable cause to arrest you for a suspected DWI. If the officer lacked sufficient evidence to justify the arrest, we will fight to have the charges dismissed
  • Flawed Field Sobriety Tests: Officers must administer standardized field sobriety tests strictly in accordance with federal guidelines. Factors like poor weather, uneven Houston roads, or natural physical limitations can cause a sober driver to fail
  • Inaccurate Breath or Blood Testing: Technicians must calibrate and maintain breathalyzers perfectly. Lab workers must store and process blood samples without contamination. Any deviation in these protocols can make the test results unreliable in court
  • Deferred Adjudication: In some cases, we can negotiate for deferred adjudication. Under Article 42A.102 of the Texas Code of Criminal Procedure, some first-time DWI offenses may qualify for deferred adjudication community supervision. If completed, this can lead to a dismissal, helping you avoid a permanent conviction

Why Direct Representation from Charles Johnson Makes a Significant Difference

Facing prosecutors in the Harris County juvenile court system or adult criminal courts is intimidating. You should not have to deal with the complex legal process alone or rely on a law firm that treats you like a file number. The Charles Johnson Law Firm is committed to human-centered representation. We understand that a young person’s future is at stake.

The Texas Board oversees rules on legal communication, ensuring clear public standards. While our firm handles complex criminal trials, we focus on providing direct, aggressive representation. When you hire our firm, you work directly with Charles Johnson. We do not pass your case to a junior associate or partner.

Fight for Your Future: Call Charles Johnson Today

An underage DWI arrest does not have to ruin your career, education, and freedom. The Charles Johnson Law Firm is ready to stand by your side and mount an aggressive defense against DUI or DWI charges.

Get the strong legal representation you need right now. Contact our law offices today at (713) 561-5905 for a confidential consultation.