Underage DWI

Few situations are more frightening for a parent than a late-night call saying their child has been arrested for drinking and driving. In Montgomery County, an Underage DWI charge can feel like your teenager or college student’s entire future is suddenly in jeopardy. 

Texas treats alcohol offenses by minors very seriously. Even a first offense can trigger a driver license suspension, fines, community service and a permanent criminal record if it is not handled correctly. Families often find themselves thrown into the complicated Texas juvenile and criminal systems with little idea of what to expect or how to protect their child. 

Attorney Andrea M. Kolski and her team at Nonstopjustice PLLC are uniquely skilled at defending young people caught in the Texas juvenile system.  They understand the strain and worry an Underage DWI charge can put on parents, families, and kids in legal trouble.  Andrea’s delicate balance of compassion and tenacity has helped countless families navigate their way successfully through these trying times.   

With more than 25 years of criminal law experience and extensive work in DWI and underage alcohol cases, Montgomery County juvenile attorney Andrea Kolski understands both the legal stakes and the emotional toll these cases take on families. Her goal in every case is straightforward: dismissal whenever possible, or a result that truly serves the best interests of the young person accused. 

What Makes Underage DWI Cases Unique 

When drivers under 21 are accused of drinking and driving, Texas law applies special rules. There are two main categories: 

• “Driving Under the Influence of Alcohol by a Minor” (DUI) under the Texas Alcoholic Beverage Code 
• Standard adult “Driving While Intoxicated” (DWI) under the Texas Penal Code 

In many cases, especially for those 17 and older, police and prosecutors will file standard DWI charges, rather the lesser underage DUI offense. Families are surprised to learn that a 17, 18, 19 or 20 year old can be prosecuted as an adult and face the same penalties as someone over 21. 

Underage DWI cases are often more complex because they combine: 

• Zero tolerance rules for any detectable alcohol in minors 
• Potential adult level penalties for intoxication 
• Overlapping juvenile, municipal, justice court and county court procedures 

The Texas juvenile court system doesn’t forgive parents confused by the layers of complex forms, important deadlines, and seemingly endless filing requirements.  The punishments can be severe if any step is missed or overlooked. 

Many parents are relieved when an experienced juvenile lawyer takes over and manages the process.  

Overview of Texas Underage DWI and DUI Laws 

Several Texas statutes govern alcohol and driving offenses by minors. 

Zero Tolerance DUI by a Minor 

Texas Alcoholic Beverage Code § 106.041 creates the offense of “Driving Under the Influence of Alcohol by Minor.” A minor commits this offense if they operate a motor vehicle in a public place with any detectable amount of alcohol in their system. 

Key points: 

• Applies to anyone under 21 years old 
• No requirement to prove intoxication or impairment 
• Any detectable alcohol can be enough for a charge 

A first DUI by minor is usually a Class C misdemeanor, which can involve fines, community service, alcohol awareness classes and driver license consequences. 

Underage DWI Under Texas Penal Code 

Texas Penal Code § 49.04 is the standard DWI statute. A person commits DWI if they are intoxicated while operating a motor vehicle in a public place. 

“Intoxicated” is defined in Texas Penal Code § 49.01 as either: 

1. Not having the normal use of mental or physical faculties by reason of alcohol, a controlled substance, a drug or a combination of those substances, or 

2. Having an alcohol concentration of 0.08 or more 

If the State believes a minor met the legal definition of intoxicated, prosecutors often charge standard DWI rather than the lesser DUI by minor. 

This means a 17-year-old with a 0.08 breath test can face: 

• Arrest and jail processing 
• A Class B misdemeanor for a first offense 
• Possible enhancements if certain factors are present 

In some cases, more serious intoxication related crimes like Intoxication Assault or Intoxication Manslaughter under Texas Penal Code §§ 49.07 and 49.08 can be filed if there is an accident causing injury or death. 

Consequences For Young Drivers and Their Families 

The consequences for Underage DWI are very real and can crush a young person’s dreams. A DWI conviction, even a first offense can carry possible jail time, longer license suspensions and expensive fines. 

For families, the stress goes far beyond the courtroom: 

• College applications can be denied along with scholarships and financial aid 
• Loss of a driver’s license means no driving to practices, school events, clubs, and any potential employment  
• The stigma of a criminal record on social life, dating prospects, and future political ambitions 

Many parents fail to realize the state is NOT on their child’s side and have little interest in protecting your child’s future.  Without experienced legal help, families too often agree to plea deals or deferred programs without understanding the full ramifications on their child’s life. 

An Underage DWI Conviction = Future Hardship 

Sadly, a DWI conviction at 17 or 19 means a life of struggle and hardship for a young person. In a competitive world, a DWI conviction is like a heavy anchor dragging them down.  If convicted, a young person will face the following obstacles: 

Employment: Many employers run background checks. A DWI or alcohol related conviction will cast a cloud over competitive internships, highly coveted entry level positions, careers in education, healthcare, law enforcement, aviation, transportation and finance can all be harder to obtain. 

Housing: Landlords and apartment complexes use tenant screening services that can list all criminal cases. A DWI record can cause rental applications to be denied or require higher deposits. 

Education and scholarships: Colleges and graduate schools frequently ask applicants about criminal history. Certain scholarships, especially merit based or character based awards, can be revoked or denied because of a DWI conviction. 

Licensing and professional boards: Many professions in Texas require licensing and a character and fitness review. Nursing, teaching, real estate, law, engineering and other fields often scrutinize any intoxication related records. A youthful DWI can become a hurdle years later. 

Insurance and finances: Auto insurance rates usually increase after any DWI related incident. For young drivers, who already face higher premiums, the increase can be significant. Combined with court costs, fines and program fees, this can place a heavy burden on families. 

Personal and social life: A DWI conviction is like a black mark in the young dating scene.  Reputations can suffer and the embarrassment of an arrest, restrictions on driving and the stress of probation can severely affect potential friendships, dating, extracurricular activities and overall mental health.  

The Underage DWI Lawyer Families Trust 

Very few parents ever imagine their child entangled by the juvenile justice system. Most families struggle to keep up while their child’s future hangs in the balance. It’s easy to overlook basic tasks such as: 

• The different courts that handle related cases 
• Paperwork and deadlines for important filing, requests, or motions 
• Qualifying for diversion, deferred programs or alternative resolutions that may be available 

An experienced Underage DWI attorney like Andrea M. Kolski offers legal expertise while insuring nothing slips through the cracks.  Clients can trust Andrea and her team to:  

• Clearly explain specific charges such as DUI by minor, DWI or both 
• Evaluate the strength of the case, including the traffic stop, field sobriety tests and breath or blood test 
• Determine whether any constitutional violations occured 
• Identify weaknesses in the prosecutions case and construct a strategy for dismissal, reduction or alternative dispositions that protect the minor’s record 

For over 25 years, Andrea Kolski has been the trusted advocate families turn to when their child’s future hangs in the balance. 

Skilled Private Counsel vs Court Appointed Lawyer 

According to the Constitution, every defendant has the right to a court appointed lawyer.  This holds true for minors facing charges of Juvenile DWI . However, the Constitution says nothing about the quality or skill of that court appointed counsel, most of whom are overworked, overstressed, and have limited resources.  National studies, including data from the Bureau of Justice Statistics, have consistently shown that: 

• Defendants represented by privately retained counsel are less likely to be convicted than those with appointed counsel 
• When convicted, defendants with private attorneys more often receive reduced charges or lighter sentences. 

Young people charged with DWI or DUI are especially vulnerable since their entire future is at risk. Juvenile defense often requires: 

• Detailed review of video, test results and police procedures 
• Thorough preparation for hearings and negotiation with prosecutors 
• Attention to the collateral effects on school, work and licensing 

Even a well-meaning public defender struggles to keep up with the immense caseload in overcrowded Texas courts.  Shortcuts and missed details are common.  Meanwhile, hiring a juvenile defense attorney who manages their clientele can give your child’s case the focus and attention they deserve. 

Legal Excellence 25 Years In the Making 

Andrea M. Kolski has successfully practiced criminal law in Texas for more than 25 years. Her extensive background is uniquely suited to defending Underage DWI cases: 

• Former Harris County prosecutor, where she handled DWI and other criminal cases for the State 
• Decades of criminal defense work in Montgomery County and surrounding areas 
• Former president of the Montgomery County Criminal Defense Lawyers Association 
• Widely known among clients and peers as a “pit bull in the courtroom” 

As a former prosecutor, Andrea understands how police investigate youth alcohol and DWI cases, ways breath and blood evidence can be presented and how to strategically communicate with prosecutors for the best outcome.  

Andrea and her team have offered families the calm reassurance needed to navigate their child’s legal path. Andrea takes time to explain the legal process to both parents and minors, so everyone understands what is happening and why. She listens to the family’s goals, whether those involve protecting college plans, preserving a scholarship or minimizing public exposure, and builds a defense strategy centered on those priorities. 

The Best Montgomery County Underage DWI Lawyer 

Clients and fellow lawyers have nicknamed Andrea the “pit bull in the courtroom.” That reputation reflects her relentless preparation, tough cross examination and willingness to fight for her clients when their future is on the line. Her track record of success and close ties to the Montgomery County legal community make her an ideal choice for any family facing an Underage DWI. 

As tough as she is in court, Andrea is just as compassionate with young clients in trouble with the law.  As a mother herself, she understands the worry and confusion young people feel when dealing with the law and offers reassurance to calm their fears.   

If your child or loved one has been charged with Underage DWI in Montgomery County, don’t leave their future to chance. 

Contact us today to schedule a confidential consultation and take the first step toward protecting what matters most.