Drivers Under 21
Underage DUI and DWI in Texas
In Texas, DUI and DWI are two different offenses, and the difference matters most for drivers under 21. DUI is the under 21 charge. It requires no intoxication at all, only any detectable amount of alcohol.
An adult cannot be charged with DUI in Texas. A driver under 21 can be charged with either, and in some cases both are on the table.
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DUI and DWI are separate offenses, not two words for one thing
Almost every national page gets this wrong, because in most states DUI is simply the name of the adult offense. In Texas it is not.
The two Texas offenses compared
| DUI by a minor | DWI | |
|---|---|---|
| Statute | Alcohol Beverage Code 106.041 | Penal Code 49.04 |
| Who can be charged | Under 21 only | Any age |
| What the State must show | Any detectable amount of alcohol | Intoxication, or 0.08 or higher |
| Offense level | Class C on a first offense | Class B misdemeanor or higher |
| A lesser included offense? | No. Section 106.041(g) says so expressly | Not applicable |
That last row does real work. Because DUI is not a lesser included offense of DWI, a driver under 21 who is actually intoxicated can be charged with a full DWI under section 49.04. It is not a matter of choosing the lighter of two labels for the same conduct.
One related myth worth killing: DUI is not the charge an adult DWI gets reduced to. Adults are not eligible for it at all.
The charging document and statutory citation should be read before relying on the label used in a police narrative or database. Driver-license and birth-date records establish age, while the report, video, observations, and any specimen record show the facts the State attributes to the driving event. Mapping those records to the charged elements confirms whether the filed allegation is DUI by a minor, DWI, or both, without assuming that shorthand terminology identifies the offense correctly.
What a first underage DUI carries
A first offense under section 106.041 is a Class C matter, which sounds minor until the collateral consequences are counted.
The fine and community service
A fine of up to $500 on a first offense, together with 20 to 40 hours of community service. A 17 to 20 year old with two prior convictions faces $500 to $2,000 and up to 180 days.
An alcohol awareness program
Attendance at an alcohol awareness program is required under section 106.115, run through providers regulated by the Texas Department of Licensing and Regulation.
The license suspension
Administrative suspension for a minor failing on any detectable amount runs 60 days for a first, then 120, then 180. Those tiers are keyed to prior convictions, and juvenile adjudications and deferred adjudications both count.
The part most parents do not expect
A conviction under section 106.041 has no nondisclosure path. Government Code section 411.0735(a)(1) excludes it. A minor's DUI conviction is in that respect harder to seal than an adult's DWI, which can qualify for nondisclosure in the right circumstances.
That inverts what almost everyone assumes, and it is the strongest reason to take a Class C underage charge seriously rather than paying it like a traffic ticket. A few hundred dollars is not the consequence. A permanent record entry that cannot be sealed is.
The suspension tiers work differently from the adult ones too. The adult system asks whether there was an alcohol or drug related enforcement contact in the previous ten years. That ten year test does not apply to the minor tiers, which count prior convictions instead. And the 90 day figure that circulates online is the adult first failure number, not a minor's.
Refusing a test as a driver under 21
The refusal rules do not soften for age. Refusing to give a breath or blood specimen carries a suspension of 180 days on a first refusal, or two years where there has been an alcohol or drug related enforcement contact in the previous ten years, under Transportation Code section 724.035.
Refusal is also admissible against you at trial under section 724.061, and since 2021 police can obtain a warrant and take blood over a refusal. Refusing does not make the evidence go away. It changes what kind of evidence there is and adds a longer suspension.
Whichever route the case takes, the 15 day license deadline applies exactly as it does for an adult, and it runs during a semester when a student is least likely to be watching the mail.
Where these cases come from
San Marcos has Texas State University and Georgetown has Southwestern. Both put a large under 21 population on the road.
Related pages
Underage DUI questions
Is DUI just the Texas word for DWI?
No. In Texas DUI is a separate offense under Alcohol Beverage Code section 106.041 that applies only to drivers under 21 and requires only any detectable amount of alcohol. DWI under Penal Code section 49.04 applies at any age and requires intoxication. An adult cannot be charged with DUI in Texas at all.
My child was under 0.08. Is that still an offense?
For a driver under 21, yes. The standard is any detectable amount, not 0.08. There is no lower threshold below which it is lawful.
Can an underage DUI be sealed later?
No. Government Code section 411.0735(a)(1) excludes a section 106.041 conviction from nondisclosure entirely. This is the part that surprises people most, because an adult DWI can sometimes be sealed and this cannot.
Can a driver under 21 be charged with a full DWI?
Yes. Because DUI is expressly not a lesser included offense of DWI under section 106.041(g), a driver under 21 who is intoxicated can be charged under section 49.04 like anyone else. See first offense DWI.
How long is the license suspension?
For a minor failing on any detectable amount, 60 days on a first, then 120, then 180. Those tiers count prior convictions, including juvenile adjudications and deferred adjudications. Refusing a specimen carries 180 days or two years instead.