What Happens After an Underage DWI Arrest in Houston
Houston is the largest city in Texas and is home to over 2.3 million people. The city also houses a significant number of educational institutions, meaning many youngsters commute daily. While one may get their driver’s license around the age of 15 to 17, the legal age for alcohol consumption is 21.
Texas has a zero-tolerance law. That means if you are under 21 and you drive with any alcohol at all, even a little sip, it’s illegal. And if you test at 0.08 or higher, that’s automatically a DUI or DWI charge.
If you get arrested in Houston for an underage DWI, the first thing you need is someone who knows the rules. A top-rated underage DWI lawyer in Houston can help. They know all the tricks in the law, and they can look at everything the police did to see if it was fair.
The Arrest and the First Steps
When the police stop someone underage for DWI, they usually check for signs of drinking or drug use. This can include roadside drug tests like a breathalyzer or a blood draw. The person gets taken to the police station.
The cops will take their fingerprints, pictures, and ask questions. After that, they are either released to a parent or guardian or held in juvenile detention if they are very young or considered a risk.
At this point, what comes next is important. The lawyer can look at whether the police had a good reason to stop the car or do the tests. If the police didn’t follow the rules, the lawyer can try to get the evidence thrown out. That can make the case a lot weaker.
Adult Court or Juvenile Court
Age decides where the case goes. If the driver is 16 or younger, the case is in juvenile court. Juvenile courts want to help kids learn from mistakes, so they focus on counseling and probation instead of jail. Records can even be sealed, so they won’t appear on most background checks.
If the driver is 17 or older, they go through adult court. Adult court is stricter. Convictions stay on your record forever, and punishments can include jail, fines, and long license suspensions.
Penalties for Underage DWI
Texas doesn’t play around. Even first offenses are serious.
First Offense:
- Fine up to $2,000
- Jail for 72 hours to 180 days
- License suspension from 90 days to a year
Second Offense:
- Fine up to $4,000
- Jail for 30 days to a year
- License suspension of 180 days to two years
Third Offense:
- Third-degree felony
- Prison 2–10 years
- Fine up to $10,000
- License suspension of 180 days to two years
If someone drives with a kid in the car or causes a crash with injuries or death, penalties get much worse. That can mean state jail or decades in prison.
What Happens If You Refuse a Test?
In Texas, driving gives implied consent to testing for alcohol or drugs. If a minor refuses a breath or blood test:
- First refusal: 180-day license suspension
- Second or later refusal: two-year license suspension
Police can also get a warrant to do a blood test if they have probable cause. A good lawyer can fight whether the police really had a reason to test.
Fighting the Charges
Some charges are fair, some are mistakes. Machines can fail, officers can be wrong, and sometimes a young person makes a bad choice. A lawyer can help see if the stop was legal, if the tests were correct, and what the best outcome is.
Sometimes it’s best to go to trial. Sometimes it’s better to work out a deal that includes community service and classes. Every case is different.
Key Takeaways
- Houston has a high rate of underage crashes and drug use among drivers under 21.
- Any alcohol at all is illegal for drivers under 21 in Texas.
- DUI is usually for minors; DWI can be for any age.
- Age decides if a teen goes to juvenile or adult court.
- First offenses: fines, classes, license suspension.
- Second and third offenses: bigger fines, jail, felonies.
- Refusing tests can automatically suspend a license.
- Convictions can affect school, jobs, and college.
