Getting busted for drinking and driving before you turn 21 in Texas isn’t just embarrassing — it’s a legal nightmare that can derail your or your child’s future before it even gets started. Texas has zero tolerance for underage drinking and driving, which means even a sip or two of beer can land kids who aren’t even legally intoxicated with a DUI. The penalties are harsh, the consequences are long-lasting, and they’re designed to make an example out of young drivers who make this mistake.
Here’s what to expect if you’re convicted of under 21 DUI in Texas:
| Offense | License Suspension | Maximum Fine | Community Service | Additional Consequences |
| First DUI | 60 days | $500 | 20 – 40 hours | Alcohol awareness classes |
| Second DUI | 120 days | $500 | 20 – 40 hours | Alcohol awareness classes |
| Third DUI | 180 days | $500 | 20 – 40 hours | Alcohol awareness classes |
| DWI (0.08%+) | 90 days – 1 year | $2,000 – $10,000 | Up to 180 days | Ignition interlock, jail time |
Don’t let one mistake destroy your future. The penalties for under 21 DUI are severe, but they’re not inevitable. Mark Thiessen and the team at Thiessen Law Firm know the science, we understand the law, and we’re not afraid to fight for your future. Call our underage DUI lawyers at (713) 864-9000 right now and let us start building your defense.
What are the laws for underage DUI in Texas?
The drinking and driving laws are brutally straightforward for minors: if you’re under 21 and there’s any detectable amount of alcohol in your system while driving, you’re breaking the law. Period. Texas doesn’t mess around with underage drinking and driving, and the state has created a separate set of rules specifically designed to crack down on drivers who aren’t legally allowed to drink in the first place.
Here’s what you need to know about how Texas handles underage DWI cases:
- Zero tolerance means zero tolerance: The legal BAC limit under 21 in Texas is essentially zero. While adults can legally drive with a BAC up to 0.079%, anyone under 21 can be charged if they have any detectable alcohol in their system, even 0.01% or 0.02%. This isn’t some technicality or loophole; it’s the law, and Texas courts enforce it aggressively.
- Two different charges, same serious consequences: Texas actually has two separate laws that can get you in trouble for underage drinking and driving:
- Driving Under the Influence (DUI): This applies when you have any detectable alcohol but your BAC is below 0.08%. It’s technically a traffic violation, but don’t let that fool you into thinking it’s no big deal.
- Driving While Intoxicated (DWI): If your BAC is 0.08% or higher, you’ll face the same DWI charges as adults, plus additional penalties for being underage.
- The consequences stack up fast: What makes DWI under 21 Texas cases particularly harsh is that you can face penalties under both the zero-tolerance law and standard DWI statutes simultaneously. That means potentially double the fines, double the license suspension time, and double the headaches for your future.
So the most important thing is this: the legal alcohol limit for adults might be 0.08%, but for you, any detectable amount can trigger a criminal charge.
Texas law enforcement officers are specifically trained to look for signs of any alcohol consumption in drivers under 21, and they have the tools and authority to detect even trace amounts. One drink (even one sip!) can be enough to trigger a charge that follows you for years — this is without an aggressive DWI lawyer.
What happens if you get a DUI under 21 in Texas?
Getting caught drinking and driving under 21 in Texas triggers a cascade of penalties that can derail your life for years. Here’s a breakdown of what you’re facing:
License suspension
Your driving privileges disappear fast when you’re caught drunk driving in Texas under legal drinking age. The automatic license suspension kicks in immediately, and it doesn’t matter if it’s your first time or if you “barely had anything to drink.” Texas uses an administrative license revocation program, which means your license gets suspended before you even see the inside of a courtroom. You’ll get a temporary driving permit, and then you’re walking, riding the bus, or begging friends for rides. The suspension periods increase with each offense because Texas wants to make sure you get the message loud and clear.
Mandatory alcohol awareness classes
Texas doesn’t just want to punish you — they want to educate you, and you’re going to pay for the privilege. These aren’t online courses you can knock out in an afternoon. You’ll sit through hours of classes about the dangers of alcohol, the impact on your developing brain, and the legal consequences of your choices. The classes cost money, take time away from work or school, and serve as a constant reminder of your mistake. Since the drinking age in Texas is 21, these programs are specifically designed to hammer home why underage drinking is illegal.
Community service
Twenty to forty hours of community service might not sound terrible until you realize it’s unpaid work that has to fit around your school schedule, job, and other responsibilities. You’ll be picking up trash, cleaning public spaces, or working at nonprofit organizations while your friends are hanging out or studying. The courts don’t care if you have finals coming up or if you need to work extra shifts to pay for all these penalties. Community service is designed to make you give back to the community you endangered, and it’s non-negotiable.
Installation of an ignition interlock device
If you’re under 21 and charged with a DUI in Texas, an ignition interlock device (IID) isn’t just a possibility — it’s a guarantee. The law requires it immediately after your arrest, even before your case is resolved. That means you’ll be blowing into a breathalyzer every time you want to start your car, whether you’ve been convicted or not. And if you’re placed on probation or pretrial intervention (PTI), you’ll be stuck with that device for the entire term. Some judges may even require it as a condition of release, depending on the court.
You’ll pay for the installation, the monthly monitoring fees, and the removal when it’s all over. Every drive becomes a reminder: you’ll blow into that machine in front of your friends, your family will know about it, and you’ll relive the consequences of that one decision every single time you turn the key.
And here’s the catch — these devices can detect alcohol for up to 24 hours after you drink. If you’re under 21, you’re not allowed to drink at all. The interlock will tattle on you. Be smart.
Increased insurance rates
Your insurance company is going to treat you like the high-risk driver you’ve proven yourself to be. Expect your rates to double, triple, or even quadruple for the next several years. Some insurance companies will drop you entirely, forcing you to find coverage through high-risk insurers who charge premium rates. This isn’t a one-time cost — you’ll be paying hundreds or thousands of extra dollars every year for years to come. The difference between DUI vs. DWI in Texas doesn’t matter to insurance companies; they see any alcohol-related driving offense as a red flag.
Permanent criminal record
This is where things get really serious. Much like a minor in possession of alcohol charge, a DUI or a DWI creates a criminal record that follows you everywhere. College admissions officers will see it, potential employers will discover it during background checks, and professional licensing boards will question your character. You might lose scholarship opportunities, get rejected from your dream school, or miss out on job opportunities because of one night of poor judgment. This record doesn’t disappear when you turn 21 — it’s permanent unless you take legal action to address it.
Additional penalties for refusing chemical testing
If you refuse to blow into the breathalyzer or submit to blood testing, Texas hits you with automatic penalties on top of everything else. Reasonable suspicion in Texas is all officers need to request chemical testing, and refusing that request triggers an immediate 180-day license suspension for a first refusal.
The Texas DWI penalties for refusal are separate from any criminal charges you might face, which means you’re looking at double the trouble. Officers will often get a warrant for your blood anyway, so refusing the test usually just makes your situation worse while giving prosecutors additional ammunition to use against you in court.
What to do if you’re charged with DUI or DWI in Texas
Getting charged with underage DUI feels like the end of the world, but what you do in the next few hours and days can make the difference between a nightmare that follows you for years and a mistake you can put behind you. Time is critical, evidence disappears fast, and every decision you make affects your case.
Here’s exactly what you need to do:
- Stay calm and don’t panic: Freaking out won’t help your situation, and making emotional decisions will only make things worse. Take a deep breath and focus on protecting your future, not dwelling on what has already happened.
- Don’t talk to anyone about your case: That means no social media posts, no confessing to friends, and definitely no detailed conversations with your parents about what happened. Anything you say can be used against you later, so keep your mouth shut until you talk to an attorney.
- Don’t miss your ALR hearing deadline: You have exactly 15 days from your arrest to request an Administrative License Revocation hearing, or you’ll automatically lose your license. This is separate from your criminal case, and missing this deadline can cost you your driving privileges even if you beat the criminal charges.
- Gather important documents: Collect your arrest paperwork, any medical records that might be relevant, and documentation of any medications you were taking. If you have a medical condition that could affect field sobriety tests, get those records immediately.
- Call a DWI specialist immediately: Don’t wait, don’t shop around for the cheapest lawyer, and don’t let your parents hire their family attorney to handle your case. You need someone who specializes in DUI defense and knows how to win these cases.
The bottom line is simple: the faster you act, the better your chances of beating these charges. Every day you wait is another day for evidence to disappear and witnesses to forget important details.
Don’t let one mistake ruin your entire future — call Thiessen Law Firm now.
If you’ve been charged with under 21 DUI in Texas, you’re facing penalties that could destroy your college plans, wreck your job prospects, and follow you around for years. But here’s what the prosecutors won’t tell you: these charges aren’t automatic convictions, and you have more options than you think.
At Thiessen Law Firm, we’ve helped countless young Texans beat these exact charges and get their lives back on track. We know every defense strategy, every legal loophole, and every way to attack the state’s case against you. The sooner you call, the better your chances of avoiding the worst consequences.
Don’t try to handle this alone, and don’t trust your future to some general practice attorney who handles a little bit of everything. You need a specialist who knows how to win these cases. Call Mark Thiessen at (713) 864-9000 or fill out our online form right now — your future depends on it.
More Helpful Articles by Thiessen Law Firm:
- How to Get a DWI Dismissed in Texas
- Rights During a Traffic Stop the Police Don’t Want You to Know
- Understanding DWI Car Insurance in Texas
- What is Criminally Negligent Homicide?
- How Do the Texas Assault Laws Work?
