Underage DWI in Fort Worth means a person aged 17 to 20 can be charged under Texas Penal Code § 49.04 for operating a motor vehicle in public while intoxicated. A first DWI is generally a Class B misdemeanor, a second DWI is usually a Class A misdemeanor, and a third or subsequent DWI is usually a third-degree felony. But certain circumstances can increase the charge level, even for a first offense.
Texas also has a zero-tolerance law for drivers under 21. Under Texas Alcoholic Beverage Code § 106.041, a minor commits driving under the influence of alcohol by a minor (DUI) by operating a motor vehicle in a public place with any detectable amount of alcohol in their system. A first or second offense is generally a Class C misdemeanor.
For a third or subsequent DUI by a minor, the consequences depend on the person's age when the offense was committed:
- Before the person turns 17, it may be handled as delinquent conduct in juvenile court
- At age 17 or older, it's generally punishable as a Class B misdemeanor
Fort Worth Underage DWI Defense Attorney
Depending on the charge and case outcome, an underage DWI or DUI charge in Fort Worth can lead to fines, community service, driver's license consequences, and a criminal or juvenile record. A record can potentially smear a young person's life, as it may affect future education or employment opportunities.
Underage DWI cases can turn on whether the officer had a lawful reason for the traffic stop, what the driver said or did during the investigation, and whether breath or blood testing was reliable. An attorney can examine these issues and determine whether the evidence supports the charge.
Michael & Associates Criminal Defense Attorneys can represent people facing DWI and DUI-by-a-minor charges in Fort Worth. Our defense team is led by Zach Redington, who has over 20 years of experience defending DWI and other criminal cases in state and federal court.
If you or your child is facing an underage DWI or DUI charge, contact us to discuss the case and determine the next steps. Although past results don't guarantee future outcomes, our internal 2025 data shows a 63.6% favorable outcome rate in DWI jury trials, based on acquittals, dismissals, and directed verdicts.
What Is the Legal BAC for Drivers Under 21 in Fort Worth?
Texas has no minimum BAC threshold that allows drivers under 21 to drive after consuming alcohol without risking a DUI-by-a-minor charge. Under Texas Alcoholic Beverage Code § 106.041, a minor commits this offense by operating a motor vehicle in a public place while having any detectable amount of alcohol in their system.
The State doesn't need to prove that the minor was legally intoxicated to establish this offense. Even a BAC below 0.08 may support a DUI-by-a-minor charge.
For a DWI case, the 0.08 BAC threshold is not the only way to prove intoxication. Under Texas Penal Code § 49.01, intoxication can mean either:
- Having a BAC of at least 0.08; or
- Not having the normal use of mental or physical faculties because of alcohol, a controlled substance, a drug, a dangerous drug, another substance, or a combination of substances.
Can Someone Under 21 be Charged with DWI in Fort Worth?
Yes. A person doesn't have to be 21 or older to face a DWI charge in Fort Worth. The driver's age at the time of the alleged offense can determine which court handles the case.
|
Driver's age at the time of the alleged offense |
Usual legal system |
|
Under 17 |
Juvenile justice system, subject to applicable exceptions |
|
17 through 20 |
Adult criminal court |
|
Under 21 with detectable alcohol but insufficient evidence of intoxication |
DUI by a minor; the court system depends on the driver's age |
In Tarrant County, Juvenile Services reviews referrals involving children accused of offenses. Depending on the circumstances and the child's history, the case may be diverted or referred for formal juvenile court proceedings.
Important: Texas Family Code § 53.03(g) prohibits deferred prosecution for a minor accused of DWI under Texas Penal Code § 49.04. The same restriction applies to a third or subsequent DUI-by-a-minor offense.
The charge also depends on the evidence:
- Age 21 or older with BAC of at least 0.08: DWI, if the State proves the other statutory elements
- Under 21 with BAC of at least 0.08: DWI or DUI by a minor may be applicable
- Age below 21 with detectable alcohol but no proven intoxication: DUI by a minor
- Under 21 whose normal mental or physical faculties are impaired by alcohol or another covered substance: DWI, if the State proves the required elements
- Under 21 suspected of drug-related impairment: DWI may apply if the State can prove intoxication and the other required elements
Penalties for Underage Drinking and Driving in Fort Worth
The penalties for underage drinking and driving in Fort Worth depend on the charge, the driver's age, and the facts of the case.
|
Allegation |
Possible statutory consequences |
|
First DUI by a minor |
Class C misdemeanor; fine of up to $500, 20 to 40 hours of community service, mandatory alcohol-awareness program, and 60 to 180 days driver's license suspension |
|
Juvenile DWI involving a driver under 17 |
Juvenile intake and possible court proceedings, probation, counseling, treatment, community service, or another lawful juvenile-court disposition |
|
First DWI involving a driver aged 17 to 20 |
Generally a Class B misdemeanor, punishable by 72 hours to 180 days in jail and a fine of up to $2,000. An open container can increase the minimum confinement to six days. |
|
DWI with a BAC of 0.15 or higher at the time of analysis |
Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000, unless another statutory provision applies |
|
DWI with a passenger younger than 15 |
State jail felony, punishable by 180 days to two years in state jail and a possible fine of up to $10,000. |
|
DWI in a school crossing zone while the reduced speed limit is in effect |
State jail felony for qualifying offenses committed on or after September 1, 2025. The penalty can include 180 days to 2 years in state jail and a fine of up to $10,000. |
|
Intoxication assault |
Third-degree felony; a conviction can mean 2 to 10 years in prison and a fine of up to $10,000 |
|
Intoxication manslaughter |
Second-degree felony; punishment can include 2 to 20 years in prison and a fine of up to $10,000 |
Helpful Underage DWI Resources
- Mothers Against Drunk Driving (MADD): This page explains MADD's online Victim Impact Panel program for eligible participants.
- SoberRides: A TxDOT safety campaign that helps drivers and their families understand the risks and costs of drunk driving, plan sober rides, and make safer choices after a DWI arrest.
- Tarrant County Juvenile Services: Offers information for families dealing with juvenile intake, court proceedings, diversion, probation, and local juvenile programs.
- Tarrant County Juvenile Court and Detention Intake: Describes juvenile referrals, intake interviews, court hearings, and possible dispositions.
Talk to an Underage DWI Lawyer in Fort Worth, TX
An underage DWI arrest may happen after a party, college event, concert, crash, or late-night traffic stop in Fort Worth or somewhere else in Tarrant County.
If your child is facing an underage DWI charge in Fort Worth, getting legal counsel involved early can help preserve relevant evidence and identify potential weaknesses in the State's case.
Our Fort Worth underage DWI defense team includes Ryan Eady, a board-certified criminal law specialist and former First Assistant District Attorney and Chief Felony Prosecutor. His experience on both sides of criminal cases helps him evaluate police reports, officer testimony, and the evidence prosecutors may use to establish intoxication.
Our team also includes Janie Martin, who has earned the ACS-CHAL Lawyer-Scientist designation. Her advanced forensic training helps our attorneys identify potential problems with breath and blood testing, laboratory procedures, and the scientific evidence used to support underage DWI charges.
