Underage DWI or DUI in Texas

Don’t wait to get trusted counsel. Reach out to the Austin DWI Lawyers today at (512) 599-9000 to set up a free consultation.

Many people who are charged with an Austin DWI just assume there is no way to fight it. They think the best they can hope for is a smaller fine or a reduction in the amount of time they lose their license. We focus on defending anyone accused of a DWI. With the right legal counsel, there are other outcomes. Depending on the facts of the case, what if…

• Instead of months of suspension, you don’t lose your license at all?
• Instead of making a deal for probation, you never get convicted?
• Instead of having a DWI conviction, your record stays clean?
• Instead of cutting bad deals, you get a vigorous DWI defense?

While every case depends on the facts and circumstances at play, mounting an aggressive defense to DWI charges may be your best option. The Austin Criminal Defense attorneys at Stephen T Bowling, P.C., handle all drunk driving cases, defending clients in both the criminal proceedings and driver’s license hearings.

Don’t trust just anyone with your DWI defense. Contact the law firm of Stephen T Bowling, PC, by e-mail or call us at 512-599-9000 to schedule your free consultation with an Austin DWI lawyer to discover some strategies we pursue in defending Austin Driving While Intoxicated cases.

We offer payment plans and accept major credit cards, including Visa, MasterCard, and Discover.

In the Alcoholic Beverage Code, Texas defines a minor as anyone under the age of 21. The state has zero-tolerance for minors drinking alcohol, let alone a possible underage DWI/DUI. A minor driving even with a minimal amount of alcohol detectable constitutes Driving Under the Influence of Alcohol by a Minor, also called a DUI.

What is the difference between a DWI and a DUI?

The acronym DWI stands for Driving While Intoxicated. DUI is an abbreviation for Driving Under the Influence. In some states, the two offenses are almost interchangeable and treated as such. Not so in Texas.

In Texas, the charge of a DUI by a Minor is considered a Class C misdemeanor. For an adult, the legal limit of alcohol within the blood system is 0.08%. Anything above that and an adult can be charged with a DWI.

A minor can be charged with a DWI, according to the Department of Public Safety. This is applied if the minor is considered intoxicated. While occasionally this charge can be downgraded to a DUI, it is a more serious offense and considered a Class B misdemeanor. The consequences will be more severe.

If stopped by a police officer

When a minor is pulled over by a law enforcement officer, they should find a safe place to stop. Their interaction with the officer should be polite and respectful. Answer the officer’s general questions. You are required to give your name and show your driver’s license, car registration, and proof of insurance. You should not say anything that could be incriminating, and you should not lie.

The officer may ask you to perform a sobriety test. For a minor, this comes with “implied consent,” as dictated by Texas law. Refusal could cause a driver’s license suspension. The same applies to a portable breathalyzer test.

What to do immediately if facing a possible DWI/DUI

If a minor or an adult is cited or arrested for a DUI or DWI, the first thing you should do is call a defense attorney familiar with such offenses and traffic laws. Set up an appointment and bring all documentation with you.

Your attorney may suggest that a court hearing be set up, especially if there is a question whether the officer had reasonable cause for the traffic stop. Make sure you are dealing with a reputable lawyer and someone you trust.

What are the penalties for an underage DUI or DWI?

Penalties for an underage DUI or DWI can vary depending upon the degree of alcohol in the system and whether this is the first offense, or you already have one offense or more.

First-time DUI offenders
For a first-time DUI offense, you will be looking at a $500 fine, community service of up to 40 hours, an alcohol awareness course, and possible suspension of your driver’s license for up to 60 days.

If you are under 18, a parent or guardian will be required to attend the alcohol awareness classes with you. If you are not licensed, the suspension may subsequently apply when you obtain a legal license.

Second, and additional offenses
The consequences go up from there. As a second offender, you may have your license suspended for 120 days, and for a subsequent offense that may increase to a 180-day suspension. Fines may increase up to $2,000, and there is also a possibility for jail time.

DWI penalties
The penalties for a DWI are much more severe with longer license suspensions, larger fines, and possible prison time. As a minor charged with a DWI, you may be fined $2,000 for a first offense.

You may also lose your license for up to a year. This could be significantly reduced if the court considers community supervision with an ignition interlock device.

There may be jail time up to six months. The time is lengthened if an open alcohol container is found in the vehicle.

A second DWI offense is a Class A misdemeanor. As such, the fine is higher, up to $4,000. Your driver’s license will be suspended for up to two years, and jail time may be somewhere between 180 days up to two years.

Any third or subsequent DWI conviction is rated as a third-degree felony. Jail or prison time increases for up to 10 years. The fine may increase up to $10,000, and your driver’s license could be revoked for up to two years.

In defense of an under-age driver facing a DUI/DWI

Being arrested for a DUI or DWI while under the age of 21 can be a harrowing experience. Whenever possible, every effort should be made to get the charges deferred, reduced, or dismissed altogether. It is also important an attempt be made to expunge the charges from your record.

It is imperative to find an attorney that will work toward those goals. Whether you are a college student, high school student, or the parents of a minor charged with a DUI or DWI, contact the DWI and criminal defense attorneys at the offices of Stephen Bowling.

This could mean the choice between a conviction landing on your record, or your independence and freedom. The top-rated defense attorneys at Stephen Bowling are ready to fight for you. If you have been arrested for a DUI or DWI, don’t hesitate. Give us a call today!