Skip to Content

Your Child, Underage Drinking and What Happens With a DWI Charge


Perhaps your son is 18 years old, is in his freshman year at college, and, on occasion, enjoys relaxing with friends over a beer or two.

If law enforcement pulls him over on suspicion of driving while intoxicated (DWI), what will happen next?

Texas Law for Minors

In Texas, a minor, someone under the age of 21, cannot have any alcohol in his system. If a law enforcement officer suspects the minor is driving while intoxicated, he or she may stop the driver and request his participation in field sobriety testing.

The Arrest Process

If it appears there is alcohol in the minor driver’s system, the officer will likely take one of the following steps:

  • Arrest the driver and tow the vehicle
  • Take the driver to the police station for a breath test
  • Take the driver to a hospital or clinic for blood testing

If testing confirms any alcohol in the minor’s system, he faces license suspension of 60 days for a first offense or 120 days for a second offense.

Consequences of Test Refusal

If a police officer stops your son on suspicion of DWI and your son refuses to test, there will be an immediate driver’s license suspension for 180 days or two years for a subsequent offense. He may also spend time behind bars either awaiting the posting of a bond or until he appears in court.

Another Option

Your son may request a hearing to challenge the arrest. Administrative and testing mistakes happen, and a successful defense strategy will bring any errors to light. Your son has rights and will want the best outcome possible for his case.