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Penalties for an Underage DWI/DUI in Texas: What You Need to Know

If you’re underage and charged with driving while intoxicated (DWI) or driving under the influence (DUI) in Texas, it’s important to understand the potential penalties. These offenses carry serious consequences, including fines, jail time, and the loss of driving privileges. In Texas, the state takes a hard stance on underage drinking and driving, and the law enforcement system has no tolerance for young drivers who break these laws.

What is DWI/DUI?

Before diving into the penalties, it’s crucial to understand what constitutes a DWI and a DUI in Texas.

  • Definition of DWI (Driving While Intoxicated)
    DWI refers to operating a motor vehicle while impaired by alcohol or drugs. For adults, the legal limit for blood alcohol concentration (BAC) is 0.08%. However, for underage drivers, there’s a zero-tolerance policy.

  • Definition of DUI (Driving Under the Influence)
    DUI applies specifically to minors (under the age of 21) and refers to driving with any detectable alcohol in their system, regardless of whether the BAC exceeds the legal limit. This is different from DWI, as even a small amount of alcohol can lead to DUI charges for minors.

  • Differences Between DWI and DUI
    The key difference is that DWI applies to adults who are impaired due to alcohol or drugs, while DUI is a charge specifically for minors who are caught with any alcohol in their system, no matter how small the amount.

Underage DWI/DUI Laws in Texas

Texas law is very strict when it comes to underage drinking and driving. The legal drinking age is 21, and any person under that age who operates a motor vehicle with alcohol in their system can face charges.

  • Zero-Tolerance Law for Underage Drivers
    The state has a “zero-tolerance” policy, meaning that any detectable amount of alcohol in an underage driver’s system can result in a DUI charge. This includes BAC levels lower than the adult legal limit of 0.08%.

  • Legal Blood Alcohol Concentration (BAC) Limit for Underage Drivers
    For underage drivers, the legal BAC limit is 0.00%. If law enforcement finds even the slightest trace of alcohol, the driver will face consequences. This strict policy is meant to deter underage drinking and driving.

Penalties for Underage DWI/DUI in Texas

Being caught driving under the influence as an underage driver can result in severe penalties. These penalties vary based on the specifics of the case but generally fall into three categories: criminal, administrative, and civil.

  • Criminal Penalties
    Underage drivers found guilty of DWI/DUI may face criminal penalties that include:

    • Fines
      Fines can range from a few hundred to several thousand dollars, depending on the severity of the charge.

    • Jail Time
      Jail sentences for underage DWI/DUI can last anywhere from a few days to several months, depending on whether it’s a first-time or repeat offense.

    • Probation
      In some cases, instead of jail time, a court may impose probation, requiring the individual to comply with certain conditions such as regular check-ins with a probation officer.

  • Administrative Penalties
    In addition to criminal penalties, there are also administrative consequences:

    • License Suspension
      An underage driver convicted of DWI/DUI will likely face a suspension of their driver’s license. The duration of the suspension can vary based on the offense and whether it’s a first-time charge.

    • Mandatory Alcohol Education
      Convicted drivers may be required to attend alcohol education courses to help deter future offenses and encourage responsible behavior.

  • Civil Penalties
    The civil consequences of an underage DWI/DUI charge include:

    • Increased Insurance Rates
      A conviction will likely cause your car insurance premiums to skyrocket, as insurance companies consider you a high-risk driver.

    • Loss of Driving Privileges
      Besides the license suspension, a conviction can result in a permanent criminal record, making it more difficult to regain driving privileges in the future.

First-Time Offenders: What You Can Expect

For first-time underage DWI/DUI offenders, penalties can be less severe, but they are still significant. First-time offenders may face:

  • Fines ranging from $500 to $2,000
  • License suspension for up to 180 days
  • Mandatory alcohol education programs
  • Potential probation instead of jail time

While the penalties might seem manageable, they can still have a lasting impact on the individual’s future. This is why it’s essential to consult with a skilled attorney to help mitigate the consequences.

Repeat Offenders and Aggravating Factors

For repeat offenders, the consequences become more severe. Repeat offenders may face:

  • Longer license suspensions

  • Higher fines

  • Extended jail sentences

  • Probation or mandatory community service

Aggravating Factors
Factors such as causing an accident, driving with a high BAC, or driving under the influence of drugs can lead to harsher penalties. If injuries or fatalities occur due to underage DWI/DUI, the driver may face more serious criminal charges, including felony charges.

Impact on a Minor’s Record

An underage DWI/DUI conviction can have long-lasting effects on a minor’s criminal record. Having a criminal conviction can:

  • Affect future job prospects
  • Influence college admissions and scholarship opportunities
  • Tarnish the individual’s reputation for years to come

It’s essential for minors charged with these offenses to understand the potential for long-term consequences and to work with a lawyer to navigate the legal process.

How an Attorney Can Help

If you or someone you know is facing an underage DWI/DUI charge, it’s vital to seek legal counsel. A skilled attorney can:

  • Help you understand the charges against you
  • Negotiate to reduce or dismiss charges
  • Advocate on your behalf during court proceedings
  • Help minimize penalties such as fines, license suspension, and jail time

Steps to Take if Charged with Underage DWI/DUI

If you are charged with underage DWI/DUI, here’s what you should do:

  • Stay calm and do not admit guilt
    Anything you say can be used against you.

     

  • Contact an attorney immediately
    The sooner you get legal representation, the better.

     

  • Understand your rights
    You have the right to remain silent and seek counsel.

Underage DWI/DUI charges in Texas come with significant consequences, including fines, license suspension, and potential jail time. If you or someone you know is facing such charges, it’s essential to seek legal help immediately. At The Law Office of Robert Barrera Arellano, we have the experience to help minimize the impact of these charges.

It’s Important to Act Quickly

DWI/DUI charges are time-sensitive, and the consequences can worsen the longer you wait. It’s crucial to reach out to an experienced attorney to start working on your defense right away.

REACH OUT

FAQs

In Texas, any detectable alcohol in an underage driver’s system is grounds for a DUI charge.

The suspension period can range from 60 to 180 days for first-time offenders, with longer suspensions for repeat offenses.

It’s possible for first-time offenders to receive probation, especially if there are no aggravating factors involved.

If an accident occurs, the penalties can be significantly harsher, and you may face criminal charges for causing injury or death.

An attorney can negotiate with the prosecution to reduce charges, advocate for a lighter sentence, and help you understand all of your legal options.

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