Underage DUI

Underage DUI Attorney in Georgetown, TX

Former Prosecutors Defending Georgetown Families Against Underage DUI & DWI Charges

When a minor or young adult is arrested for a DUI or DWI in Georgetown, the case moves fast. License suspension proceedings begin on a separate civil track within days of arrest, before the criminal case even starts. Families need an attorney who already knows how Williamson County prosecutors build these cases, not one who is learning as they go.

At Winters & Chidester, both of our attorneys are former Texas prosecutors. James Winters spent nearly 10 years prosecuting felonies and misdemeanors in Travis County and Bell County. Veronica Chidester served at the Texas Attorney General’s Office, the Travis County Attorney’s Office, and the Travis County DA’s Office, where she worked as a chief misdemeanor and family violence prosecutor. That background shapes how we build a defense the prosecution doesn’t anticipate.

If your child or a family member has been charged with a DUI or DWI in Georgetown, don’t wait. Call (512) 961-4555 to schedule a free consultation. We serve clients in English and Spanish.

Texas DUI vs. DWI: The Distinction That Determines the Charge

Most people use “DUI” and “DWI” interchangeably, but Texas law draws a specific line. Texas Alcoholic Beverage Code Section 106.041 governs Driving Under the Influence of Alcohol by a Minor, a charge that applies exclusively to drivers under 21. Under this zero-tolerance standard, any detectable amount of alcohol is enough. The adult threshold of 0.08 percent blood alcohol content doesn’t apply.

A minor can face separate charges depending on the circumstances:

DUI by a Minor (Class C misdemeanor): Any detectable alcohol, even below 0.08 percent BAC
DWI (Class B misdemeanor): BAC at or above 0.08 percent, or demonstrable impairment regardless of BAC

Age also determines which court hears the case. Minors under 17 are typically handled in juvenile proceedings. Those aged 17 to 20 can face adult misdemeanor standards for DWI. Understanding which charge applies and which court has jurisdiction is the first step toward building a sound defense.

Penalties for Underage DUI & DWI in Texas

The specific penalties depend on which charge applies and whether this is a first or repeat offense. Here is what Texas law prescribes:

First DUI offense: Fine up to $500, 20 to 40 hours of community service, a mandatory alcohol awareness class (parents of offenders under 18 may be required to attend), and a license suspension of 60 to 180 days
Second DUI offense: Fine up to $500, 40 to 60 hours of community service, and a license suspension of 120 days to 2 years
Third DUI offense (elevated to Class B misdemeanor): Fine of $500 to $2,000, up to 180 days in jail, a license suspension of 180 days to 2 years, and no eligibility for deferred adjudication
DWI at 0.08 percent or above: Adult Class B misdemeanor penalties apply, including a fine up to $2,000, up to 180 days in jail, and a one-year license suspension

The courtroom penalties are only part of the picture. A conviction that isn’t addressed through dismissal, deferred adjudication, or expunction stays on the record permanently. It doesn’t disappear when a minor turns 18. College admissions, scholarships, employment background checks, and auto insurance rates can all be affected for years after the case closes.

How Our Prosecutorial Background Shapes Your Defense

Because James and Veronica both spent years on the prosecution side, we know where DUI and DWI cases can be vulnerable. We look at whether the traffic stop was legally justified, whether field sobriety tests were administered correctly, whether breath or blood samples were properly collected and stored, and whether the arresting officer followed required protocols. These aren’t abstract legal theories. They’re the pressure points prosecutors watch for, and we know them from the inside.

Our firm has handled DWI cases in Williamson County with outcomes that include a case dismissed after highlighting significant case issues and a client avoiding felony charges with no jail time. Those results reflect what thorough preparation and trial-tested advocacy can accomplish. Every case is different, and we won’t promise a specific outcome, but we bring the same depth of preparation to every client we represent. We handle both the criminal defense and can advise on the administrative license revocation process running concurrently, so nothing falls through the cracks.

We serve Georgetown, Hutto, Cedar Park, Leander, Round Rock, Pflugerville, and communities throughout Williamson County.

Speak with a Georgetown Underage DUI Defense Attorney Today

An underage DUI or DWI charge in Williamson County runs on two tracks at once: criminal and administrative. Both have deadlines that start at arrest. The sooner you contact us, the more options may be available to protect your rights and address the case.

Winters & Chidester offers free consultations and provides legal services in English and Spanish. Call (512) 961-4555 to talk through your situation and learn what your defense options look like.

The Administrative License Revocation Process After a DUI Arrest

A DUI or DWI arrest triggers two separate proceedings. The criminal case and the Administrative License Revocation process run at the same time. The ALR process is a civil proceeding handled by the Texas Department of Public Safety, and it operates on its own timeline, independent of whatever happens in criminal court.

The deadline to act is tight. The minor or their attorney must request an ALR hearing within 15 days of receiving the notice of suspension. Miss that window and the license is automatically suspended, with no opportunity to challenge the traffic stop or the test results. Beyond protecting the license, an ALR hearing provides something valuable for the criminal defense: an early opportunity to cross-examine the arresting officer under oath. What comes out at that hearing can shape the defense strategy. It’s also worth knowing that refusing chemical testing results in a longer suspension period than submitting to the test.

Defense Strategies & Diversion Programs in Williamson County

There is rarely just one path through an underage DUI or DWI case. The right approach depends on the specific charge, the defendant’s age, blood alcohol content results, and prior record. We typically examine the following areas for potential challenges:

Whether the officer had reasonable suspicion to make the traffic stop
Whether field sobriety tests were properly administered
Breathalyzer calibration and maintenance records
Chain of custody for blood draw samples
Whether required arrest and testing protocols were followed

Beyond challenging the charge itself, Williamson County offers diversion options for eligible first and second offenders. Under Texas Alcoholic Beverage Code Section 106.041, first and second DUI offenses may qualify for deferred disposition or deferred adjudication: the defendant completes probation, community service, or an alcohol education program and, if successful, may avoid a final conviction on the record. For Class C misdemeanors, Teen Court may result in citation dismissal after participation. For Class A or B misdemeanors, a deferred prosecution program may be available for first-time, low-risk offenders. Defendants with two or more prior DUI convictions aren’t eligible for deferred disposition or deferred adjudication on a subsequent charge.

Record Consequences & Expunction After an Underage DUI

A DUI or DWI conviction doesn’t automatically disappear when a minor turns 18 or completes their sentence. Without legal action, it stays on the criminal record permanently and shows up on background checks used by colleges, employers, and professional licensing boards. Federal student aid eligibility can also be affected.

Expunction may be available if the charge is dismissed, the defendant is acquitted at trial, or they successfully complete a qualifying deferred adjudication or diversion program. For certain DWI cases, an order of nondisclosure, sometimes called record sealing, may be available after a waiting period, limiting public access to the record without fully erasing it. The conditions that apply depend on the specific charge and how the case resolved. Addressing the record is a separate legal step, and one worth understanding from the start of the case, not after a conviction is already in place.

Real People. Real Wins.

Review Some of Our Results to See for Yourself What We’ve Worked to Achieve

As Georgetown criminal attorneys, we recognize the importance of what we do. Our goal is to help our clients face brighter futures, all while protecting their constitutional rights to the fullest. We couldn't be more proud of the people we've helped and the lives we've changed.

View All Results

Case Dismissed Leaving the Scene of an Accident
Deferred Probation; No Prison Time Drug Dealing & Possession of Firearms
We represented a client charged with manufacture/delivery, facing allegations of continued drug dealing and possession of firearms. After a contested sentencing, we secured a deferred adjudication probation, allowing the client to avoid prison time.
Case dismissed Assault Family Violence
We represented a client who was arrested for assault family violence over the weekend. We worked quickly and got the case dismissed the following Wednesday.
Case Dismissed False Report to Peace Officer
We secured a dismissal on behalf of a client accused of making a false report to a peace officer.
Charges rejected Sexual Assault Investigation
We represented a client who was asked to come in for questioning by law enforcement regarding an alleged sexual assault. Acting as his voice and advocate, we ensured no charges were filed.