This page was written, edited, reviewed & approved by Brian LaVine following our comprehensive editorial guidelines. Brian LaVine the Founding Partner, 10+ years of legal experience as criminal defense attorney.

Houston Underage DWI Lawyer
by Brian LaVine / Last Updated: September 6, 2025
Houston Underage DWI Lawyer

If you or someone you know is facing underage DWI charges in Houston, the consequences can be severe. Texas law does not allow young drivers to have any alcohol in their system while driving. Even small amounts of alcohol can lead to charges, and a DWI conviction can affect a young person’s future. The penalties include license suspension, criminal charges, and a criminal record.

A conviction may also impact college applications, job prospects, and other opportunities. The LaVine Law Firm understands the importance of this case for young individuals, and we are dedicated to protecting your rights throughout the process. Our experienced Houston underage DWI lawyers are here to fight for the best possible outcome.

Our Houston Underage DWI Lawyer Fights for Your Rights

At LaVine Law Firm, we specialize in handling underage DWI cases in Houston. Our team of experienced DWI lawyers is dedicated to providing strong defense strategies that focus on minimizing the impact of the charges. We know that a drunk driving conviction can have long-term consequences, so we work hard to reduce penalties, including license suspension. Our goal is to ensure that young drivers are not unfairly burdened with a criminal history.

Whether this is a first offense DWI or a more serious case, we will provide legal counsel tailored to your situation. Our legal team will explore all available defenses to give you the best chance at a favorable outcome. Contact us for a free consultation to discuss how we can help you with your DWI charges.

What is an Underage DWI Charge in Texas?

What is an Underage DWI Charge in Texas

In Texas, underage DWI refers to a charge of driving while intoxicated by a driver under the legal drinking age of 21. Unlike regular DWI charges, underage drivers cannot have any alcohol in their system while driving. This means that even a small amount of alcohol can lead to a DWI arrest.

Texas DWI laws hold underage drivers to a higher standard, as they are not permitted to drive with any detectable blood alcohol concentration (BAC). For young drivers, a DWI defense lawyer can help build a case to minimize penalties.

Legal BAC Limits for Underage Drivers in Texas

The legal BAC limit for underage drivers in Texas is 0.00%. This means that underage drunk driving is not allowed under any circumstances. For adult drivers, the legal limit is typically 0.08%, but underage drivers face stricter standards.

If a young driver is found with any alcohol in their system, they may be charged with underage DWI. This is one of the key differences between underage DWI charges and regular DWI charges in Texas.

Consequences of an Underage DWI Conviction in Houston

An underage DWI conviction in Houston can have serious consequences. DWI defense attorneys know that the penalties can affect not only the driver's immediate future but also their long-term personal and professional life. License suspension, fines, and community service are common, but the effects can go beyond just legal penalties.

A conviction may also lead to difficulty in finding a job or qualifying for scholarships. It can also result in a criminal record, which may impact relationships, education, and career opportunities for years to come.

Criminal Penalties for an Underage DWI Conviction

For an underage DWI conviction in Texas, the criminal penalties can be severe. These include:

  • Jail time: Possible depending on the severity of the case, with longer sentences for repeat offenses.
  • Fines: These can range from several hundred to several thousand dollars, depending on the charge.
  • Probation: In some cases, probation may be ordered in place of jail time, subject to specific conditions.

A class C misdemeanor is typically the charge for a first-time DWI offense, but class B misdemeanors or even felony DWI charges may be applied in more serious situations. Houston DWI attorneys can work to reduce these penalties by providing strong defense strategies.

Administrative Penalties and License Suspension

In addition to criminal penalties, underage drivers may face administrative penalties that affect their driving privileges. The main consequence of a DWI arrest is license suspension, which can happen automatically. Texas DWI laws state that:

  • License suspension can last anywhere from 90 days to 2 years, depending on the specifics of the DWI offense.
  • The Texas implied consent law requires drivers to submit to a blood or breath test, and refusal can result in longer suspension periods.
  • Skilled DWI attorneys can help challenge the suspension and possibly reduce the time or find alternatives to keep driving privileges intact.

Having an experienced DWI defense attorney on your side can make a significant difference in the outcome of your case.

Long-Term Impact on Education and Career

A DWI conviction can have a lasting impact on your education and career. Many college admissions programs and job applications ask about an individual's criminal history, which can make it difficult for them to pursue further education or secure employment.

A drunk driving conviction on a record could also limit the availability of scholarships or other opportunities for young drivers. DWI defense lawyers understand the long-term effects of these convictions and work to mitigate their impact on a young person's future.

Defenses Against Underage DWI Charges in Houston

Defenses Against Underage DWI Charges in Houston

If you’re facing underage DWI charges in Houston, it’s important to understand the possible defenses that may be available to you. An experienced criminal defense lawyer can help challenge the charges, as many factors could potentially invalidate the case.

A DUI conviction can have serious consequences, including license suspension and a criminal record, so it is essential to have legal representation to ensure the best possible outcome. At LaVine Law Firm, we specialize in defending individuals against DWI in Texas, and we know how to identify weaknesses in the case against you.

Challenging the BAC Test Results

One of the most common defenses in a Houston DWI case is challenging the BAC test results. If the blood alcohol concentration (BAC) test was improperly administered or the equipment malfunctioned, it could mean the test results are unreliable. Houston police officers must follow strict protocols when administering breath tests or blood tests.

If these procedures were not followed correctly, the test results could be deemed invalid, leading to a dismissal of charges or a reduced sentence. A skilled DWI defense lawyer can thoroughly examine the testing process and evidence to ensure it meets the legal standards set by Texas drunk driving laws.

Illegal Traffic Stops or Lack of Probable Cause

Another strong defense against underage DWI charges is arguing that the traffic stop was illegal or that there was no probable cause for stopping the vehicle. Law enforcement must have a legitimate reason to stop a motor vehicle; if they do not, any evidence obtained during the stop could be challenged in court.

If law enforcement officials did not have valid grounds to initiate the stop, it could lead to the dismissal of the charges. Your DWI attorney will carefully review the circumstances leading to the DWI arrest to determine if probable cause was violated. Challenging an illegal stop can be a critical part of your defense.

The Accuracy of Sobriety Tests

Sobriety tests, such as field sobriety tests, are commonly used to assess a driver’s mental or physical faculties during a DWI arrest. However, these tests are not always accurate. In some cases, officers may not administer the tests properly, or the person may not be physically capable of completing them, leading to inaccurate results.

If the field sobriety tests were administered incorrectly or the officer lacked proper training, the results could be disputed in court. DWI defense attorneys in Houston can challenge these tests by showing that they were not conducted in compliance with the legal process or were influenced by factors unrelated to drunk driving. This defense is essential in weakening the prosecution’s case.

Steps to Take After an Underage DWI Arrest in Houston

If you're arrested for underage DWI in Houston, it's crucial to take the right steps to protect your rights. The legal process can be confusing and overwhelming, but with the right knowledge and legal support, you can navigate it effectively. From exercising your right to remain silent to contacting an experienced Houston DWI lawyer today, each step matters. Being proactive and informed about DUI or DWI charges can significantly impact the outcome of your case.

What to Do Immediately After the Arrest

If you're arrested for driving while intoxicated (DWI), follow these steps right away:

  1. Remain calm and exercise your right to remain silent – You are not required to speak to law enforcement officials beyond providing identification.
  2. Request a DWI defense attorney – As soon as possible, ask for a lawyer to guide you through the process and ensure your rights are protected.
  3. Request a driver's license hearing – To prevent an administrative license revocation, it’s crucial to request a hearing with the Texas Department immediately.
  4. Avoid self-incrimination – Be cautious about what you say to law enforcement, as any admission could be used against you later in the case.
  5. Document the details of the arrest – Make a note of the time, location, and any statements made by the officers, as this could be important for your defense.

By following these steps and seeking legal help, you can protect your rights and minimize the potential impact of the DWI charges.

How LaVine Law Firm Helps Clients After Arrest

LaVine Law Firm is committed to providing comprehensive legal representation for clients facing underage DWI charges in Harris County. Our experienced DWI defense lawyers work closely with clients to understand the details of their DWI case and take the necessary legal steps. Here's how we can help:

  • File required paperwork: We ensure all necessary legal documents are filed promptly to avoid delays or complications in your case.
  • Prepare for hearings: Our team helps you prepare for any upcoming hearings, ensuring you're ready to present your defense.
  • Develop a defense strategy: We work to create a strong defense strategy to challenge the DWI charges and minimize penalties.
  • Guide through the legal process: We provide clear guidance every step of the way, helping you understand your options and what to expect during the legal proceedings.
  • Minimize the consequences of a DWI conviction: Our goal is to protect your rights and prevent long-term damage to your record, driving privileges, or career.

By trusting LaVine Law Firm, you have an experienced criminal defense lawyer by your side, helping you fight DUI or DWI charges effectively.

The DMV Hearing Process for Underage DWI Cases

The DMV Hearing Process for Underage DWI Cases

After an underage DWI arrest in Houston, one of the first steps is attending a DMV hearing. This hearing determines whether the suspended driver's license will remain in effect. If you fail to request the hearing in time, your license could be automatically suspended.

It is important to understand this process, as it can significantly impact your ability to drive in the State of Texas. A lawyer can help protect your rights during this process and fight to minimize the effects of the suspension.

What Happens During a DMV Hearing?

During the DMV hearing, the Texas Department of Public Safety reviews the DWI arrest and considers whether your driver's license should be suspended. You will have the opportunity to present evidence, such as witness statements or medical records, to challenge the suspension.

The hearing officer will evaluate whether the arrest was conducted properly and if the blood alcohol concentration (BAC) test was valid. Based on the findings, the officer will decide whether to suspend or revoke your license.

How a Lawyer Can Help at the DMV Hearing

At LaVine Law Firm, we understand the importance of DMV hearings in underage DWI cases. Our team will represent you during the hearing by presenting evidence and challenging the suspension. We will review all aspects of the DWI arrest, including whether law enforcement followed the correct procedures.

If you face a suspended driver's license, we will work to protect your driving privileges and minimize the consequences of the DWI charge. Having an experienced DWI attorney can make all the difference in these critical hearings.

How LaVine Law Firm Can Help with Your Underage DWI Case

LaVine Law Firm offers expert legal defense for individuals charged with underage DWI in Houston. With years of experience in handling DWI cases, our team provides comprehensive support to help clients go through their legal challenges.

From building a strong defense to representing clients in court and DMV hearings, we are dedicated to achieving the best possible outcome. Whether it’s reducing penalties or fighting for a dismissal, we are here to protect your rights every step of the way.

Comprehensive Legal Representation

At LaVine Law Firm, we provide thorough legal representation for underage DWI charges. Our team will carefully review every detail of your case, including police reports, witness statements, and evidence. We work closely with you, offering expert legal counsel and guidance throughout the entire legal process. Our goal is to ensure you understand all your options and are prepared for each step, from hearings to DWI trials.

Fighting for the Best Possible Outcome

LaVine Law Firm is committed to fighting for the best possible outcome in your underage DWI case. We use expert negotiation and litigation strategies to work toward reducing charges, minimizing penalties, or even securing a case dismissal. Our skilled DWI attorneys have extensive experience handling DWI offenses and know how to leverage every opportunity to protect your future. We’ll advocate for you in court, aiming to reduce the serious consequences of an underage DWI conviction.

FAQs

What is the legal BAC limit for underage drivers in Texas?

The legal BAC limit for underage drivers in Texas is 0.00%. Any detectable alcohol in the system can lead to a DWI charge, even if it is a small amount.

Can an underage DWI charge be dismissed in Houston?

Yes, with the right defenses, such as challenging evidence or the legality of the stop, an underage DWI charge may be dismissed or reduced.

What happens to my license if I'm convicted of underage DWI?

Conviction typically results in license suspension, along with other penalties such as fines, community service, or mandatory alcohol education programs.

How long will my license be suspended for an underage DWI?

The suspension period can vary, but it typically ranges from 90 days to a year, depending on the specifics of the case and whether it's a first offense.

Can I avoid jail time for an underage DWI conviction?

With a strong defense, alternatives such as probation, community service, or alcohol education may be viable options instead of jail time.

How do I prepare for an underage DWI court case?

Preparation involves gathering evidence, working with your attorney to build a defense strategy, and understanding the legal process for your case.

Contact LaVine Law Firm for a Free Case Evaluation

Contact LaVine Law Firm for a Free Case Evaluation

An experienced Houston DWI lawyer can make a significant difference in your underage DWI case. A DUI conviction can have lasting effects on your driver’s license, education, and career, so having skilled legal representation is essential. At LaVine Law Firm, we understand the serious consequences of underage DWI charges and are committed to fighting for the best possible outcome. Our team will work hard to explore every defense option and help minimize penalties.

For a free consultation, contact LaVine Law Firm today. Our team is ready to discuss your case, address any questions you may have, and guide you through the legal process. Call us now. Let us help you protect your future and your driving privileges.


Brian LaVine
owner & managing attorney
About The Author
Brian, a University of Texas at Austin graduate, earned his J.D. from South Texas College of Law in December 2014, specializing in criminal law and trial advocacy.

During law school, he was a mock trial quarterfinalist and also interned at the Harris County District Attorney's Office, gaining valuable courtroom and prosecutorial insight.

With extensive experience in misdemeanor and felony cases, Brian is dedicated to providing an aggressive defense, outworking the prosecution to achieve the best possible outcome for his clients.
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