What Are the Unique Challenges in Defending Minors Charged with DWI?
A Driving While Intoxicated (DWI) charge can turn a minor’s world upside down. For young people, these cases present unique challenges that require thoughtful attention and strong legal advocacy.
When Danford Law Firm, PLLC, takes on a DWI case involving a young person, we recognize that far more than a traffic violation is at stake. Our attorneys understand that these charges can derail educational opportunities, limit career paths, and cast a shadow over a minor's entire future—which is why we defend each case with the intensity and commitment it demands. From our office in Kerrville, Texas, we fight for clients throughout the region, including the communities of Boerne, Fredericksburg, and Bandera. Contact us today for the DWI defense of a minor.
Texas Law on Underage DWI
Texas has a zero-tolerance policy when it comes to underage drinking and driving. Anyone under 21 found operating a vehicle with any detectable amount of alcohol in their system can be charged with DUI (Driving Under the Influence), which is different from a standard DWI.
However, minors can also be charged with a full DWI if their blood alcohol concentration (BAC) is at or above 0.08%. That means some minors face the same penalties as adults, despite their age.
What makes DWI defense particularly important for minors is the way the legal system treats them. Juvenile courts have different procedures and objectives from adult criminal courts. They focus more on rehabilitation than punishment, but that doesn’t mean the consequences are light or easily dismissed.
Key Challenges in Defending Minors in DWI Cases
Defending a minor against a DWI charge requires more than simply contesting a BAC result or questioning the legality of a traffic stop. We must account for legal procedures specific to juveniles, communication with parents or guardians, and the long-term consequences that even a first offense can bring.
The following challenges often arise in underage DWI defense:
Zero-tolerance laws that leave little room for negotiation when any alcohol is detected
Inexperience with law enforcement, which may cause minors to say or do things that harm their defense
Parental involvement, which complicates communication and decision-making
Education consequences, including possible suspension from school or denial of scholarships
Driver’s license suspension, which affects the minor’s ability to get to school or work
Social stigma, which can be especially damaging during formative years
Possibility of adult charges, if the BAC is high or an accident is involved
Peer influence, which might contribute to poor decisions but won’t excuse them in court
Future implications, such as limited job opportunities or trouble getting into college
Mandatory alcohol education programs and community service, which can interfere with schooling and home life
Each of these issues must be addressed in a tailored defense. We don’t just look at the facts of the stop—we examine every angle to give the minor a fair shot.
Building an Effective DWI Defense for Minors
Our DWI defense approach starts with a full review of how the arrest was handled. Did law enforcement have a lawful reason to stop the vehicle? Was the field sobriety test administered correctly? Were Miranda rights read? These questions can uncover critical flaws in the case against our client.
We also assess the breathalyzer or blood test. Machines used to measure BAC must be properly calibrated and maintained. Even a slight deviation can throw off a reading. If the prosecution’s entire case rests on questionable equipment, we’re ready to challenge the reliability of that evidence.
It’s also essential for minors to consider alternatives to formal punishment. In Texas, minors may be eligible for deferred adjudication, alcohol awareness programs, or community supervision. These options can reduce or eliminate criminal penalties, giving our clients a second chance without long-term damage to their records.
The Importance of Early Legal Representation
Timing matters in every DWI case, and that’s especially true when minors are involved. Parents often don’t know whether to call a lawyer right away or wait until they’ve spoken to the police.
Time is critical when a young person faces DWI charges. The earlier families reach out to our firm following an arrest, the greater our ability to safeguard the minor's constitutional rights and build a strong defense against the charges. Early intervention allows us to review evidence while it's fresh, identify potential procedural violations, and take immediate steps to minimize the long-term impact on their future.
Early legal representation allows us to request dashcam footage, interview witnesses, and preserve evidence that might otherwise be lost. It also means we can be present during interviews and hearings that shape the outcome of the case. By being involved from the beginning, we provide clarity and guidance in an overwhelming situation.
Communication with Families and Schools
DWI defense doesn’t stop in the courtroom. When minors are charged, we often have to communicate with school administrators, counselors, or other officials who may take disciplinary action. A DWI charge can affect a student’s participation in athletics, extracurriculars, or special academic programs.
We take care to present our clients in the most responsible light possible. This might involve showcasing their academic progress, providing character references, or demonstrating participation in counseling. We want the court and the school to see the full picture, not just the worst moment.
We also prioritize open communication with parents and guardians. They’re part of this process, and we keep them informed at every step while respecting their child’s confidentiality. This balance is vital for building trust and promoting better outcomes.
Juvenile Court vs. Adult Court in Texas
One of the most significant distinctions in underage DWI defense is whether the minor is tried in juvenile court or adult court. Juvenile court focuses more on rehabilitation. That means the penalties might involve counseling, substance abuse programs, or community service rather than jail time.
However, if the offense is severe or if the minor is close to 17 (the age at which Texas considers someone an adult for criminal cases), they may be tried as an adult. In those cases, the penalties increase substantially. Jail time, higher fines, and a permanent criminal record are real possibilities.
One of our primary objectives is to secure placement in the juvenile justice system rather than the adult court for young clients facing DWI charges. This strategic distinction can be transformative for a minor's future, providing access to rehabilitative programs and protection from the lasting consequences that adult criminal convictions carry. By keeping these cases within the juvenile system, we help preserve opportunities for education, employment, and personal growth that might otherwise be permanently compromised.
Helping Families Understand What’s at Stake
At Danford Law Firm, PLLC, we don’t just defend minors in court—we help families understand what’s happening and why each decision matters. A DWI charge can feel overwhelming for both minors and their parents, especially when there’s fear about the future.
We take the time to explain court procedures, available defenses, and potential consequences. We believe minors should be involved in their own defense. By helping them understand their rights and responsibilities, we also help them grow.
When the Arrest Involves More Than Alcohol
Many minors arrested for DWI also face charges related to drugs, fake IDs, or resisting arrest. These additional charges require a broader strategy. In every DWI defense, we review all the charges and build a coordinated plan to handle them together.
We also work to separate the charges if that’s beneficial to our client, so one mistake doesn’t unfairly amplify another.
Protecting Futures, Not Just Winning Cases
When we take on a minor’s DWI defense, our goal goes beyond the courtroom. We’re defending a reputation, an education, and a future. Whether it’s negotiating with the prosecutor, working with the judge to craft a more constructive outcome, or pushing for the dismissal of charges altogether, we never forget what’s at stake.
Many of our clients and their families are surprised by how serious DWI charges can be for minors. That’s why it’s so important to act quickly, ask questions, and demand accountability from the legal system. A strong defense isn’t just about avoiding punishment—it’s about giving young people a chance to recover, learn, and thrive.
Call Danford Law Firm, PLLC, Today
If your child has been arrested for DWI in Texas, we encourage you to contact Danford Law Firm, PLLC, right away. We’ll explain what to expect, answer your questions, and get to work on a DWI defense that’s tailored to your family’s situation.
No child should face the Texas legal system alone. With proper legal support, one mistake doesn’t have to define their future. We’re proud to serve Kerrville, Boerne, Fredericksburg, Bandera, Junction, San Angelo, and the Texas Hill Country. Call today to schedule a consultation.