DUI vs. DWI in Texas: The Key Differences & Legal Guidance

In Texas, a DUI—or Driving Under the Influence—is a charge specifically applied to drivers under the age of 21 who are caught operating a vehicle with any detectable amount of alcohol in their system. This falls under Texas’s Zero Tolerance Law, which enforces strict penalties even for BAC levels well below the legal adult limit of 0.08%.

While a DUI is considered a Class C misdemeanor, it still carries serious consequences—including fines, a suspended driver’s license, and a criminal record. Most people assume DUIs are “minor” offenses because they typically apply to underage drivers, but the ripple effects can be long-lasting. A conviction could affect college admissions, scholarships, job prospects, and future driving privileges.

If you’re a parent of a teenager arrested for a DUI in Texas, or a young driver unsure of your rights, you need immediate legal support to avoid harsh penalties and protect your future.

Key Characteristics of a Texas DUI:

• Reserved for drivers under 21 years old
• Applies with any detectable alcohol (no minimum BAC)
• Charged as a Class C misdemeanor

Common DUI Penalties in Texas:

• 💸 Fines up to $500
• 🕒 20–40 hours of court-ordered community service
• 📚 Mandatory alcohol awareness education
• 🚫 Driver’s license suspension for up to 60 days
• 📉 Impact on insurance rates, college plans, and employment

Underage DUI charges often stem from minor traffic stops where alcohol is suspected or from roadside breath tests at parties or events. Even if your BAC is just 0.01%, you could be charged under Texas’s strict minor alcohol laws. That’s why you need a DUI defense lawyer in Austin who understands how to fight for reduced charges or expungement when possible.

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Yes — and it surprises many people. While DUIs are limited to minors with any trace of alcohol, minors can still be charged with DWI if they meet the criteria for legal intoxication. That means if a minor has a BAC of 0.08% or higher, or appears impaired while driving, they can face the same Class B misdemeanor charges as an adult.

This is especially common in cases where a minor is found driving under the influence of marijuana, prescription drugs, or a combination of substances. A DWI conviction for a minor brings adult-level penalties, including the possibility of jail, license revocation, and a permanent record that can follow them well into adulthood.

When a Minor Might Face a DWI Charge:

• BAC of 0.08% or higher
• Driving while visibly impaired by alcohol or drugs
• Involvement in a crash while intoxicated
• Past history of underage drinking or DUI

DWI Penalties for Minors May Include:

• Up to 180 days in jail
• Fines of $2,000 or more
• Loss of license for up to one year
• Installation of an IID if granted restricted driving
• Negative impact on college, employment, and insurance rates

If your child or someone under 21 is facing DWI charges in Texas, you need legal counsel immediately. At The Hull Firm, we specialize in helping families navigate these complex cases with compassion and legal precision.

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Founded in 2003, we are a highly-rated, award-winning DWI & Criminal Defense firm. The Hull Firm has represented thousands of businesses and individuals over the years in many types of civil and criminal litigation.

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