Underage Driving While Intoxicated
Underage drinking and driving is a serious offense in Texas, as it poses significant risks to both the underage driver and others on the road. Texas has stringent laws in place to deter and punish individuals under the legal drinking age who choose to operate a vehicle under the influence of alcohol.
This summary will delve into the definitions of relevant terms, the penalties for underage drinking and driving, and common defenses that lawyers may employ.
Underage DWI lawyer in Travis County, Texas
With a deep understanding of the complexities involved, The Law Offices of Jackson F. Gorski offer a strategic defense that is tailored to your case. Our attorneys are experienced defenders DWI and DUI defenders.
Law Office of Jackson F. Gorski has offices in Austin and Georgetown but accepts clients throughout Texas including Travis County, Williamson County, Bell County, Bastrop County, Burnett County, Hays County, Caldwell County, Blanco County, Lee County, Milam County, Hays County, and Caldwell County. Your first consultation is free, so call 512-960-4646 today.
Understanding DWIs in Travis County
- What DWIs look like in Travis County
- An Overview of DWI Penalties in Travis County
- Common Defense Strategies for Juvenile DWI Cases
- Hire a DWI Defense Lawyer
Drinking and Driving Laws in Texas
Texas follows a strict, no-tolerance policy when it comes to underage drinking and driving. While it is usually acceptable for a driver to have a Blood Alcohol Content (BAC) of 0.08 (8%), Texas Alcoholic Beverage Commission Code 106.041 states that minors may not have any alcohol in their system while driving.
DUI/DWI laws also extend to watercraft such as motorboats and jet skis.
In Texas, officers are not required to take the minor into custody but may instead issue a citation to the minor that contains written notice of the time and place the minor must appear before a magistrate, the name and address of the minor charged, and the offense charged.
Penalties
An underage DUI is a Class C misdemeanor. This means that a minor found guilty of drinking and driving may face the following penalties:
- A fine of between $500 and $2,000
- Confinement in jail for no more than 180 days
- Both jail and confinement
Additional Penalties
In addition to the above punishments, a juvenile may also be required to engage in 20-40 hours of community service. If the juvenile has already been found guilty of driving while intoxicated, then that number is raised to 40-60 hours.
Texas law does require that any community service must be related to education about or prevention of misuse of alcohol.
Other punishments include standard alternative punishments for DWI cases including:
- Ignition Interlock Device: In some cases, the court may require the installation of an ignition interlock device on the offender’s vehicle.
- Alcohol Education Programs: Completion of an approved alcohol education program is often a mandatory requirement for both DUI and DWI offenses.
Repeat Offenders
Juveniles who have twice been found guilty of driving while intoxicated face much harsher punishments and are not available for deferred punishment or adjudication. In such a case, the defendant must be tried under adult procedure and will receive a full conviction if found guilty.
This conviction may result in the loss of employment or other housing opportunities in the future, as well as additional fines and jail time.
Defense Strategies
Common defense strategies follow the same logic as standard DWI cases. However, juvenile cases may also focus on mitigation to ensure the protection of the juvenile’s future opportunities.
Improper Stop or Arrest
One common defense is to challenge the legality of the traffic stop or arrest. If law enforcement did not have a valid reason to stop the vehicle or lacked probable cause for the arrest, the charges may be contested.
Faulty BAC Testing
Challenging the accuracy of the Breathalyzer or blood test results can be another defense. Errors in testing equipment calibration or mishandling of blood samples can lead to inaccurate BAC readings.
Rising Blood Alcohol Content (BAC)
The “rising BAC” defense argues that the individual’s BAC was below the legal limit while driving but increased by the time the test was administered. This defense challenges the reliability of the test results.
Illegal Search and Seizure:
If evidence was obtained through an illegal search and seizure, it may be inadmissible in court. For example, if law enforcement did not have a valid warrant or consent to search the vehicle, any evidence found may be excluded.
Field Sobriety Test Accuracy
Challenging the accuracy of field sobriety tests is another defense strategy. Factors such as poor weather conditions, uneven terrain, or medical conditions may impact an individual’s performance on these tests.
Additional Resources
Travis County Court Program – This link will take you directly to the Travis County Court page. This page provides information regarding pre-trial diversion, adjudication and the general process for county residents.
Texas Department of Public Safety – This webpage provides additional information from the Texas Department of Transportation on drinking and driving laws, including an in-depth breakdown of all types of underage DWI penalties.
Hire a Juvenile DWI Lawyer in Travis County, Texas
Law Office of Jackson F. Gorski has offices in Austin and Georgetown but accepts clients throughout Texas including Travis County, Williamson County, Bell County, Bastrop County, Burnett County, Hays County, Caldwell County, Blanco County, Lee County, Milam County, Hays County, and Caldwell County. Your first consultation is free, so call 512-960-4646 today.
