Underage DWI in Texas: Laws, Consequences, and Defense Strategies

Driving while intoxicated (DWI) is a serious offense in Texas, but the stakes are even higher when the driver is underage. Texas adopts a strict “zero tolerance” policy for underage drinking and driving. In this post, we’ll examine the laws around underage DWI, its consequences, and strategies for building a solid defense.

Understanding Texas Laws on Underage DWI

In Texas, drivers under 21 can face a DWI charge if they’re caught operating a vehicle with any detectable amount of alcohol in their system. This differs from the legal Blood Alcohol Content (BAC) limit of 0.08% for adults. For underage drivers, even a BAC as low as 0.01% can result in charges.

Additionally, the state has separate charges for minors that include Driving Under the Influence (DUI) and Driving While Intoxicated (DWI). While a DUI charge applies to any detectable amount of alcohol, a DWI charge applies if a minor’s BAC is above 0.08% or if they are impaired by other substances.

Consequences of Underage DWI in Texas

Penalties for an underage DWI conviction vary depending on the severity of the offense and prior convictions. Some consequences include:

1. Fines and Fees: First-time offenders may be fined up to $2,000. Fines escalate with repeat offenses.
2. License Suspension: An underage driver’s license can be suspended for up to a year. Failure to pass the Administrative License Revocation (ALR) hearing may lead to longer suspensions.
3. Community Service and Alcohol Education: Minors are required to attend alcohol education programs and complete community service hours.
4. Jail Time: For repeat or aggravated offenses, minors can be sentenced to jail time ranging from 3 days up to 180 days.
5. Impact on Criminal Record: An underage DWI conviction may remain on a minor’s record and affect future opportunities.

Defense Strategies for Underage DWI

While the consequences are significant, it is possible to defend against underage DWI charges:

1. Challenging BAC Test Results: Questioning the accuracy of breathalyzer or blood test results could weaken the prosecution’s evidence.
2. Procedural Errors: If law enforcement failed to follow proper protocols during the traffic stop or arrest, it could be grounds to have evidence excluded.
3. Unlawful Stop: Officers must have reasonable suspicion to pull over a driver. If they lacked proper grounds for the stop, evidence might be suppressed.
4. Seeking Reduced Charges: In some cases, an attorney can negotiate reduced charges or request participation in programs that may reduce penalties.
5. Sealing Records: Explore options to seal a DWI charge in Texas to minimize the long-term impact on future opportunities.

Why You Need a DWI Attorney

Navigating the complexities of underage DWI cases requires expert legal representation. The consequences of a conviction can have long-lasting impacts on a minor’s life. Seeking counsel from a knowledgeable DWI attorney can help with building a robust defense, challenging BAC tests, and understanding what to do when pulled over for a DWI in Texas.

Contact The Fox Firm for professional guidance on underage DWI charges. Our team will assess your case, build a strategic defense, and protect your rights throughout the legal process.