Yes, a minor can be charged with DWI—and the consequences can be surprisingly harsh. Most people assume that driving while intoxicated (DWI) only applies to adults who made poor decisions after a night out. However, the law doesn’t look at age when it comes to impaired driving. In fact, Texas enforces some of the strictest zero-tolerance laws for underage drivers, and many minors and their families don’t realize just how serious the charges can be until it’s too late.

In this article, we’re going to dive deep into what happens when a minor is charged with DWI. We’ll explore the legal process, penalties, and long-term effects. Along the way, we’ll include real-life stories and practical tips. Whether you’re a parent, a teen, or someone trying to understand Texas DWI laws better, this guide will give you the clarity you need.

Can a Minor Really Be Charged with DWI in Texas?

Let’s begin by addressing a common misconception. Yes, a minor can be charged with DWI in Texas—even if they are underage and legally prohibited from drinking. Texas law defines a minor as anyone under 21. While the state has zero-tolerance rules for underage drinking and driving, law enforcement can—and often does—file full DWI charges under certain conditions.

The Legal Thresholds

Underage drinking and driving in Texas generally falls into two categories:

• DUI (Driving Under the Influence): This charge applies specifically to minors. Any detectable trace of alcohol—even a 0.01 BAC—can result in a DUI if the driver is under 21.
• DWI (Driving While Intoxicated): If a minor’s BAC hits 0.08 or higher, authorities can treat the offense like an adult DWI case.

So even though Texas reserves DUI for minors, law enforcement doesn’t hesitate to file a full DWI if the circumstances meet the adult criteria.

Real-Life Example: One Party, Two Charges

Consider Brandon, a 19-year-old sophomore in Denton, Texas. After attending a weekend party, Brandon got behind the wheel and ran a stop sign. Police pulled him over, and after admitting he had been drinking, he agreed to take a breath test. His BAC came back at 0.10.

Since Brandon was under 21, officers could have issued a DUI. Instead, because his BAC exceeded the adult threshold, they charged him with a DWI, classified as a Class B misdemeanor. As a result, Brandon faced up to 180 days in jail, lost his license, and needed to complete mandatory alcohol education classes. He and his family were stunned—until they discovered that a minor can be charged with DWI just like any adult.

The Legal Process When a Minor Is Charged with DWI

Once a minor gets arrested for DWI, the legal journey mirrors what an adult defendant would experience. Here’s how it typically unfolds:

1. Arrest and Booking

When officers determine the driver is intoxicated, they initiate an arrest. They transport the minor to a local jail, where authorities photograph, fingerprint, and formally charge the individual.

2. Administrative License Revocation (ALR) Hearing

This step operates separately from the criminal court process. The Texas Department of Public Safety begins an automatic license suspension. However, the minor has the right to request an ALR hearing within 15 days to challenge the suspension.

3. Court Hearings and Possible Plea

Next, the minor and their legal team attend court. During these hearings, they can contest the charges or negotiate a plea deal. In some cases, first-time offenders might receive alternative sentencing or deferred adjudication.

4. Sentencing

If the court issues a conviction or the minor enters a guilty plea, the judge will impose penalties. These may include:

• Jail time (only for DWI, not DUI)
• License suspension
• Court-imposed fines
• Mandatory community service
• Alcohol awareness courses
• Ignition interlock device installation

Penalties for Minors Charged with DWI in Texas

The penalties depend heavily on whether the charge is DUI or DWI and whether it’s the individual’s first offense.

DUI (Minors with Detectable Alcohol)

• Charged as a Class C misdemeanor
• Fines up to $500
• 20–40 hours of community service
• Mandatory alcohol education program
• License suspension for 60 to 180 days

DWI (BAC of 0.08 or Greater)

• Class B misdemeanor
• Fines up to $2,000
• Up to 180 days in jail
• License suspension ranging from 90 days to 1 year
• Alcohol education and possibly an ignition interlock device

For repeat offenses or more serious cases—such as causing injuries or transporting children—Texas law allows prosecutors to file felony charges. Those come with significantly stiffer consequences.

How These Charges Affect a Minor’s Future

One of the most overlooked consequences when a minor is charged with DWI is the long-term impact. Even if jail time is avoided, a DWI conviction can haunt a young person well into adulthood.

Educational Consequences

Colleges and universities often have strict disciplinary policies. A DWI conviction can lead to:

• Loss of scholarships
• Ineligibility for financial aid
• Suspension or expulsion

Career Limitations

A DWI on a minor’s record can affect their ability to:

• Get professional licenses
• Join the military
• Apply for government jobs
• Drive for rideshare companies or delivery services

Social and Family Strain

The stigma and stress of going through a criminal trial—especially at a young age—can cause emotional tension in families and friendships. It’s not just a legal issue; it’s a deeply personal one.

Do Minors Go to Jail for DWI in Texas?

It depends on the case. While jail is not mandatory for a first-time DWI, it is possible, even for minors. Courts often consider factors like:

• The minor’s level of cooperation
• Prior criminal or traffic record
• BAC level at the time of arrest
• Whether the DWI caused harm to others
• Whether a child or unlicensed passenger was in the car

Judges often lean toward rehabilitation for minors—but when the circumstances are serious, incarceration is absolutely on the table.

Can a DWI Be Expunged from a Minor’s Record?

In some cases, yes. But it’s not automatic. Texas law allows for expungement under very limited circumstances:

• If the DWI charge was dismissed
• If the minor was found not guilty
• If deferred adjudication was completed (only available for DUI, not DWI)

A full DWI conviction is not eligible for expungement in most cases. That’s why legal defense is critical from the very beginning. One wrong move in court can mean a permanent criminal record.

Real-Life Recovery: How One Teen Fought Back

Let’s look at Maya, a 17-year-old honors student from San Antonio. After a minor accident where she was found to be driving under the influence, she was charged with DUI. Her parents immediately hired a defense attorney who argued for her case to be transferred to juvenile court.

There, the judge offered Maya a chance at deferred prosecution. She completed a year-long alcohol education program, performed 60 hours of community service, and stayed out of trouble. Her record was eventually sealed, and she went on to attend UT Austin with no legal blemish hanging over her future.

Maya’s story is a testament to the fact that while a minor can be charged with DWI, strong legal advocacy and personal commitment can lead to recovery, not ruin.

Why Parents Should Take DWI Charges Against Minors Seriously

Many parents think a DWI is “just a mistake” that fades with time. In reality, it’s a criminal offense that can follow a young person for decades. Unless addressed immediately and effectively, it can derail educational plans, affect job prospects, and trigger emotional damage.

What Parents Can Do

• Hire a Lawyer Immediately: Time is critical. The earlier a defense is formed, the better the outcome.
• Enroll in Voluntary Programs: Taking proactive steps—like substance abuse counseling—can influence the judge’s opinion.
• Avoid Social Media: Posts about the incident can harm a defense.
• Support the Process, Not Just the Outcome: This is a chance to teach accountability, not just avoid punishment.

Preventing Underage DWI: Education Before Prosecution

The best-case scenario is never needing this guide. That’s why schools, parents, and communities must prioritize preventive education. Conversations about DWI should start early—not after an arrest.

What to Emphasize in Prevention:

• How a minor can be charged with DWI, not just DUI
• The real-life consequences beyond jail
• The permanent impact on career and education
• The alternatives to driving after drinking—like rideshare apps, designated drivers, or staying put

Final Thoughts: What Happens When a Minor Is Charged with DWI?

When a minor is charged with DWI in Texas, it sets off a chain of serious legal, educational, and social consequences. The difference between a lesson learned and a lifelong burden often comes down to timing and legal support.

Understanding the distinctions between DUI and DWI, navigating the court system intelligently, and being proactive as a parent or guardian can all play a role in protecting a young person’s future.

Although a mistake was made, it doesn’t have to define a life. With legal counsel, early action, and meaningful accountability, there is always a way forward. Because in Texas, a minor can be charged with DWI—but they also have a chance to turn the page.