Austin Underage DWI Lawyer

Underage DWI Laws In Texas

In Texas, the DWI laws differ depending on the age of the driver. If you are under 21 years old, you are considered a “minor” under the law. Texas has a zero-tolerance policy and if you are an underage driver caught driving under the influence of alcohol, even with a small amount detected, you will be charged with DUIA by a Minor. A minor can be charged with DUIA even for a BAC of 0.02%, which means that even consuming half a beer may result in an over-the-limit BAC and lead to the charge, irrespective of whether the driver is drunk or not.

If the police suspect that a minor has consumed alcohol and is driving, they can be taken into custody and their car can be towed. If tests reveal the presence of alcohol in the minor’s breath or blood, their driver’s license can be suspended for 60 days for the first offense. If it happens again, the suspension period can be 120 days and for the third time, it can be 180 days. In case the minor refuses to take the breath, blood, or urine test, their license can be suspended for 180 days, regardless of whether they were sober or not.

Underage DWI Penalties In Texas

The penalties for a first, second, and third DWI offense are defined by Texas DUI law. Additionally, underage DWI offenses also have penalties associated with them. These penalties include the following:

First Underage DWI Offense

• Class C Misdemeanor
• Fine: up to $500
• Attendance at an alcohol awareness class
• Community service: between eight and twelve hours
• Driver’s license suspended: up to 30 days

Second Underage DWI Offense

• Class C Misdemeanor
• Fine: up to $500
• Possible attendance at an alcohol awareness class
• Community service: between twenty and 40 hours
• Driver’s license suspended: up to 60 days

Third Underage DWI Offense

• Class C Misdemeanor
• Fine: up to $500
• Possible attendance at an alcohol awareness class
• Community service: between 40 and 60 hours
• Driver’s license suspended: up to 180 days, and no occupational license allowed

If a driver who is under the legal drinking age is caught driving under the influence, the penalties will be more severe if they are at least 17 years old and have a blood alcohol concentration of 0.08% or higher. The increased penalties for this include:

• Fine: up to $2,000
• Jail term: between three and 180 days
• Driver’s license suspended: between 90 days and one year

Alternative Resolutions For Underage DWI Offenses In Texas

Minors who are charged with drunk driving may have different alternatives for resolving their cases, unlike adults who are facing the same charges in regular criminal court. Two of these alternatives could be:

Teen Court

This program is designed for alleged offenders aged 10 to 17 (or 18 if they are still in high school) who want to be held accountable by their peers. The program is run by an adult coordinator and includes a guest judge, teenage bailiffs, a prosecutor, defense counsel, and a jury. Please note that Teen Court hearings and trials are not used to determine guilt or innocence. Instead, they are used to assign appropriate community service sentences. Therefore, participation in the program requires an admission of guilt. An Austin underage DWI lawyer can help you better understand your options and if teen court is a possibility.

Deferred Adjudication

A judge may decide to delay giving a verdict for a juvenile offender by using deferred prosecution or deferred disposition. During this time, the offender must follow specific requirements for a probationary period, including counseling, community service, or restitution. If the offender completes the probation successfully, they won’t receive a conviction on their record. However, if they don’t follow the requirements, the judge may give them the maximum sentence allowed by law.

Implied Consent And BAC Testing

In Texas, if you have a driver’s license, it is assumed that you have already given your consent to undergo a BAC test if necessary. However, you do have the option to refuse the test, but there are repercussions. If you are under 21 and refuse the test, you may be arrested and have to wait in jail until you appear before a judge or post bail, due to the state’s strict zero-tolerance policy. If you refuse to take a BAC test, your driving privileges may be suspended for 180 days. It’s best to comply with a blood test if the police have a warrant.