Dallas Underage DWI Lawyers

Penalties for DWI Under § 49.04 — Same as an Adult

If the state charges DWI rather than DUI by Minor, the minor faces the full adult DWI framework under Penal Code § 49.04 and related statutes.

First-Offense DWI

• Class B misdemeanor.
• 72 hours to 180 days in county jail (with a 6-day minimum if an open container was present).
• Fine up to $2,000.
• Driver’s license suspension of 90 days to 1 year under Transportation Code § 521.344.
• Ignition interlock may be required as a condition of bond, particularly for BAC 0.15 or above under Code of Criminal Procedure Article 17.441.

First-Offense DWI with BAC 0.15 or Above

• Class A misdemeanor.
• Up to 1 year in county jail.
• Fine up to $4,000.
• Mandatory ignition interlock under Article 17.441.

Deferred Adjudication for First-Offense DWI

House Bill 3582 (2019) made deferred adjudication available for certain first-offense misdemeanor DWIs under Penal Code § 49.04 with a BAC below 0.15%. Deferred adjudication is not available for DWI cases involving a child passenger or prior DWI convictions, and it remains unavailable for all felony DWI offenses. A successfully completed deferred adjudication can, in turn, be sealed under a nondisclosure order for many DWI cases.

Administrative License Revocation (ALR) for Minors

Separate from the criminal case, an ALR proceeding runs on the driver’s license side:

• Refusal of a breath or blood test by any driver, including a minor, triggers an ALR suspension of 180 days on a first refusal and 2 years on a repeat refusal under Transportation Code § 724.035.
• Failed test (BAC 0.08 or higher, or any detectable alcohol for a driver under 21) triggers an ALR suspension of 90 days on a first failed test and longer on repeats under Transportation Code § 524.022.
• The deadline to request an ALR hearing is 15 days from the date of the notice of suspension. Missing the deadline results in an automatic suspension.
• Because the ALR hearing produces an opportunity to cross-examine the arresting officer under oath before the criminal case is tried, requesting the hearing is almost always the right call.

Juvenile Court vs. Adult Criminal Court

Where the case is heard depends on the minor’s age at the time of the offense:

• Under 17 at the time of the offense: Juvenile court under Family Code Title 3. The case is not technically a criminal prosecution; it is a juvenile justice proceeding. Records have different confidentiality protections, and dispositions are designed to be rehabilitative rather than punitive.
• 17 or older at the time of the offense: Adult criminal court. DUI by Minor cases proceed in Dallas County Justice Courts and Municipal Courts; DWI cases proceed in Dallas County Criminal Courts at Law or the Criminal District Courts depending on the offense level.

Texas’s adult-court cutoff of 17 is unusual. Most states treat juveniles as minors until 18. Parents often assume a 17-year-old will be treated as a juvenile; in Texas, the 17-year-old is treated as an adult for criminal purposes.

Expunction and Nondisclosure of Underage Drinking-and-Driving Offenses

TABC § 106.12 Expunction

Texas Alcoholic Beverage Code § 106.12 provides a special expunction for certain alcoholic beverage offenses committed by a minor, including DUI by Minor under § 106.041. Eligibility depends on age, completion of any court-ordered requirements, and the absence of subsequent offenses. The mechanism differs from the general expunction framework under Code of Criminal Procedure Chapter 55A and is often a better fit for DUI by Minor cases.

Chapter 55A Expunction

General expunction under Chapter 55A is available for dismissals, acquittals, and certain deferred adjudications. A minor who successfully completes deferred adjudication on a DWI charge may, after waiting periods, seek either expunction or an order of nondisclosure under Government Code Chapter 411, Subchapter E-1.

Collateral Consequences — Why These Cases Matter Beyond the Penalty

The statutory penalty for a first DUI by Minor looks modest compared to an adult DWI. For most families, the fine and community service are not the problem. The real consequences are the ones that attach to a young person’s future:

• College admissions. Selective universities ask about criminal history, and an unresolved conviction can affect admission decisions.
• Federal financial aid. FAFSA drug-related conviction questions have narrowed in recent years, but certain drug convictions still affect aid. An alcohol-only DUI by Minor typically does not trigger the FAFSA drug bar, but an underage drug DWI can.
• Scholarships and athletics. Many scholarship programs and NCAA participation can be affected by a criminal record.
• Driver’s license. License suspension at 17 to 20 affects school, work, and athletic-team participation in ways that often compound the penalty.
• Automobile insurance. Premiums rise significantly and insurers may refuse to renew.
• Professional licensing pipelines. Nursing, teaching, law, pharmacy, engineering, and accounting programs all inquire about criminal history at entry and at licensure. A conviction that seems small at 18 becomes a licensing issue at 22 or 25.
• Military enlistment. Military recruitment requirements for alcohol-related driving offenses are discretionary and depend on the branch and the rating sought.
• Immigration. Non-citizen minors face potential immigration consequences from drug-related DWIs in particular.

Defense Strategies for Underage DWI and DUI by Minor Cases

Fourth Amendment and Probable Cause

Traffic stops, field sobriety testing, arrests, and blood warrants are all subject to constitutional review. Suppression motions under Texas’s exclusionary rule (Code of Criminal Procedure Article 38.23) frequently determine the outcome of an underage case.

Forensic Challenges

Ethanol analysis is performed by headspace gas chromatography with flame ionization detection (GC-FID). Attack points include sample collection, preservative balance, chain of custody, calibration, column chemistry, and measurement uncertainty. 

Field Sobriety Testing

Deandra Grant is a Standardized Field Sobriety Test (SFST) instructor. She teaches the same curriculum administered to law enforcement officers, which allows her to identify administration errors that can invalidate the results.

Pretrial Diversion and Deferred Adjudication

For qualifying first-time cases, pretrial diversion programs in Dallas County and deferred adjudication under Code of Criminal Procedure Article 42A can produce resolutions that preserve a clean record and protect future opportunities.

What Parents Should Know

A few points that matter to parents making decisions about representation:

• The minor is the client. The minor has the attorney-client privilege with retained counsel. Parents are often the ones paying and are welcome at consultations, but the minor is the decision-maker in the attorney-client relationship.
• FERPA and school disclosure. Many school districts require self-reporting of criminal matters, and many universities require disclosure at application or on continuing enrollment. These are strategic considerations that need to be worked through with counsel.
• The ALR clock runs from the notice, not from the arrest. Acting within 15 days of the notice of suspension is critical.
• A DUI by Minor that looks minor at 18 is still visible at 24 unless it is expunged. Pursuing available expunction or nondisclosure relief at the appropriate time is part of the overall defense strategy.

Where Dallas County Underage Drinking-and-Driving Cases Are Heard

DUI by Minor cases in Dallas County are filed in the Justice of the Peace Courts and municipal courts for the municipality where the alleged offense occurred. DWI cases involving 17-year-olds and older are filed in the Dallas County Criminal Courts (misdemeanor DWI) or the Criminal District Courts (felony DWI) at the Frank Crowley Courts Building, 133 N. Riverfront Boulevard. Juvenile cases involving drivers under 17 are filed in the Dallas County juvenile courts.

Frequently Asked Questions

My child had one beer. Can they really be charged with DUI?

Yes. Texas’s zero tolerance rule under TABC § 106.041 makes it an offense for a driver under 21 to operate a motor vehicle with any detectable amount of alcohol. One beer is not a defense to a DUI by Minor charge.

Is DUI by Minor the same as DWI?

No. DUI by Minor under TABC § 106.041 is a Class C misdemeanor for the first offense, requires only any detectable amount of alcohol, and does not require proof of impairment. DWI under Penal Code § 49.04 is at minimum a Class B misdemeanor, requires proof of intoxication, and applies to drivers of any age.

Can my 17-year-old be tried as an adult for DWI?

Yes. In Texas, a 17-year-old is treated as an adult for criminal court purposes, including DWI. A 17-year-old with a BAC of 0.08 or higher can be charged with DWI under § 49.04 and faces the same statutory exposure as an adult.

Will this affect my child’s college applications?

Potentially, yes. Many universities ask about criminal history, and an unresolved conviction can affect admissions decisions and scholarship eligibility. A pretrial diversion, dismissal, or expunction that keeps the conviction off the record is often the real objective of the defense.

Can a DUI by Minor be expunged?

Often, yes. TABC § 106.12 provides a specific expunction mechanism for certain minor alcoholic beverage offenses, including DUI by Minor. Eligibility depends on completion of court-ordered requirements and the absence of subsequent offenses. The timing and procedural steps matter, and the expunction is not automatic.

About Deandra Grant Law

Deandra Grant Law is a Texas criminal defense firm with offices in Dallas, Fort Worth, Allen, Denton, Waco, and Rockwall.

Deandra M. Grant, Managing Partner

• More than 30 years in practice, focused on criminal defense and DWI
• Former prosecutor
• J.D.; M.S. in Pharmaceutical Sciences
• Graduate Certificate in Forensic Toxicology
• ACS-CHAL Forensic Lawyer-Scientist from the American Chemical Society
• Standardized Field Sobriety Test (SFST) Instructor
• Texas Super Lawyer since 2011
• Author of 17 law books including The Texas DWI Manual
• Executive Director, DUI Defense Lawyers Association (DUIDLA)

Douglas E. Huff, Partner

• ACS-CHAL Forensic Lawyer-Scientist
• Digital forensics and electronic evidence training
• Extensive North Texas DWI trial experience

James Lee Bright, Of Counsel

• National federal criminal defense practice
• Admitted to all four Texas federal districts, the District of Columbia, the Fifth Circuit Court of Appeals, and the Supreme Court of the United States

Contact Our Dallas Underage DWI Attorneys

A DUI by Minor or DWI arrest for a driver under 21 is not just a citation. The case can affect college, financial aid, driving privileges, insurance, future licensing, and (in rare cases) military and immigration status. Handling it correctly means understanding which offense is actually charged, how the juvenile-adult line applies, and what expunction or nondisclosure pathway is available at the end.

Call Deandra Grant Law at (214) 225-7117 to schedule a consultation. We serve Dallas County and surrounding North Texas counties from our Dallas office.