Dallas Underage DWI Lawyer

Protecting the Rights of Minors Facing DWI Charges in Dallas, TX

At Law Office of Patrick J. McLain, PLLC, we understand how frightening and overwhelming it can be for a young person—and their family—to face criminal charges for underage drinking and driving. Texas takes a strict approach to underage DWI (Driving While Intoxicated), and even a small mistake can have lasting consequences on a young person’s future.

If you or your child is facing an underage DWI charge, securing the services of an experienced Dallas underage DWI attorney is imperative. Our legal team is here to provide aggressive defense, minimize penalties, and protect your child’s future.

Contact us at (214) 238-9392 today to schedule a confidential consultation with a top-rated Dallas underage DWI attorney. 

What is Considered an Underage DWI in Texas?

In Texas, individuals under the age of 21 are subject to a zero-tolerance policy when it comes to alcohol and driving. That means any detectable amount of alcohol in their system while operating a motor vehicle can lead to criminal charges—even if their blood alcohol concentration (BAC) is below the legal limit of 0.08%.

There are two potential charges a minor might face:

• Driving Under the Influence of Alcohol by a Minor (DUIA by a Minor): This charge applies when someone under 21 is found driving with any detectable amount of alcohol in their system (typically BAC of 0.01% to 0.07%). It is considered a Class C misdemeanor and is often issued as a ticket.
• Driving While Intoxicated (DWI): If an underage driver’s BAC is 0.08% or higher, or if they appear to be intoxicated regardless of BAC, they may face full DWI charges just like an adult. This is a Class B misdemeanor for a first offense but can quickly escalate depending on the circumstances.

Key Factors in Underage DWI Cases:

• Blood alcohol content (BAC)
• Whether drugs or controlled substances were involved
• Whether the minor caused an accident or injury
• Prior offenses or DWI history

Texas Underage DWI Penalties

Penalties for underage DWI in Texas vary based on the specific charge, the driver's BAC, prior offenses, and whether any aggravating factors were present. Even for first-time offenses, the consequences can be serious.

DUIA by a Minor (BAC under 0.08%)

• Fine of up to $500
• 20 to 40 hours of community service
• Alcohol awareness class
• Driver’s license suspension for 60 to 180 days
• Possible ignition interlock device (IID) installation

Underage DWI (BAC 0.08% or higher)

Up to 180 days in jail (mandatory minimum of 3 days if BAC is above 0.15%)

• Up to $2,000 in fines
• Driver’s license suspension for up to 1 year
• Mandatory alcohol education programs
• Possible probation and community supervision

Additional Consequences:

• Increased auto insurance rates
• College and scholarship complications
• Employment or internship denials
• Criminal record that can affect future opportunities

Our role as your Dallas underage DWI attorney is not just to fight the charges in court, but also to explore options like deferred adjudication, sealing juvenile records, or pursuing dismissal when possible.

FAQs About Underage DWI Charges in Dallas, TX

Can an underage DWI be expunged in Texas?

In some cases, yes. If the case is dismissed or the minor completes deferred adjudication successfully, it may be possible to have the record sealed or expunged. This can help preserve future educational or employment opportunities.

Will a DUIA by a Minor show up on a background check?

Yes, even a Class C misdemeanor can appear in background checks. That’s why it’s important to take even seemingly minor charges seriously and work with an experienced attorney.

Can a minor refuse a breath or blood test?

Technically, yes—but refusing can lead to automatic license suspension under Texas’s implied consent laws. The penalties for refusal are often more severe than for failing the test.

Will a parent be notified if their child is arrested for underage DWI?

In most cases, yes. If the minor is under 18, law enforcement must notify a parent or guardian. If the individual is 18–20, they are legally considered an adult, but involving family can still be helpful to their defense.

Should I hire a lawyer for an underage DWI?

Absolutely. A conviction can affect a minor’s future for years to come. A skilled Dallas underage DWI lawyer can help reduce or eliminate penalties and protect your child's reputation.

How We Defend Underage DWI Cases

At Law Office of Patrick J. McLain, PLLC, we take a personalized approach to every case. Our strategies may include:

• Challenging the Traffic Stop: Was the stop lawful? Were constitutional rights violated?
• Questioning Test Accuracy: Were field sobriety or breathalyzer tests administered correctly?
• Investigating Police Procedure: Did the arresting officer follow protocol? Were Miranda rights given?
• Exploring First-Offender Programs: For minors with no criminal history, we may be able to pursue diversion programs.

We also fight to keep the case out of adult criminal court when possible and focus on minimizing the long-term impact on your child’s life.

Call (214) 238-9392 for a consultation with Law Office of Patrick J. McLain, PLLC.