What is Texas’ zero-tolerance policy for underage DWI?

Texas enforces a strict zero-tolerance policy, meaning any detectable amount of alcohol in an underage driver’s system can result in immediate DWI or DUI charges. Unlike adults, minors can be charged even if their BAC is below 0.08 percent.

What is the difference between an underage DWI and a standard DWI in Texas?

Underage DWIs apply to drivers under 21 and require only a detectable amount of alcohol. Standard DWIs apply to adults 21 and older and require a BAC of 0.08 percent or higher. Penalties for underage DWI may be lower, but they still carry serious consequences such as fines, license suspension, and possible jail time.

What are the penalties for underage DWI in Texas?

Penalties depend on the driver’s age and prior offenses. Minors under 17 may face fines up to $500, community service, mandatory alcohol education, and license suspension. Drivers ages 17 to 20 can face Class B or Class A misdemeanor charges, fines up to $4,000, jail time up to 1 year, and lengthy license suspensions.

What are the underage DWI penalties for drivers under 17?

Penalties include fines up to $500, 20 to 60 hours of community service, alcohol awareness classes, and license suspension ranging from 60 days to 2 years depending on prior offenses. Third offenses are considered delinquent conduct and cannot receive deferred adjudication.

What are the underage DWI penalties for drivers ages 17 to 20?

Penalties escalate based on prior offenses. A first offense (Class B misdemeanor) carries fines up to $2,000, up to 180 days in jail, and license suspension up to 1 year. A second offense (Class A misdemeanor) may result in fines up to $4,000 and jail time up to 1 year. A third offense becomes a third-degree felony with fines up to $10,000 and 2 to 10 years in prison.

How can an underage DWI conviction affect your future?

An underage DWI can result in license suspension, higher insurance costs, and points on your driving record. A criminal record may affect education opportunities, job applications, housing, and eligibility for scholarships. Even a first offense can create long-term consequences.

What should you do if your child has been arrested for drunk driving in Texas?

Remain calm and advise your child not to answer police questions without a lawyer. Contact a Houston underage DUI attorney immediately. Legal counsel can help protect your child’s rights, guide you through the next steps, and work to achieve a favorable outcome.

What can Houston DWI lawyers do for underage drivers?

An attorney can challenge the traffic stop, evaluate the validity of breath and blood tests, identify procedural errors, represent the driver at ALR hearings, negotiate reduced penalties, and defend against criminal charges. Experienced DWI lawyers understand local courts and use legal strategies to protect the accused.

What are common defenses to underage DWI charges in Texas?

Common defenses include lack of probable cause for the traffic stop, improper administration of sobriety tests, inaccuracies with breath or blood testing equipment, failure to read Miranda rights, and evidence that alcohol was not actually detected. A lawyer may also challenge witness statements or procedural violations.

Houston Underage DWI Lawyer

Q: What are Texas underage drinking laws?

Under Texas Alcoholic Beverage Code §106.041, minors cannot purchase or attempt to purchase alcohol and may not consume alcohol unless in the visible presence of a parent or guardian. It is also illegal for a minor to be intoxicated in public or misrepresent their age while under the influence.

Q: Can you get a DWI under 21 in Texas?

Yes. In Texas, anyone under 21 can be charged with DWI if any detectable amount of alcohol is found in their system. Officers may use breath tests, blood tests, or field sobriety tests to determine whether alcohol is present.

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Experienced Houston Under-21 DWI Attorney

If you or your child has been arrested for underage drunk driving, you need a Houston underage DWI lawyer who understands how to defend your future. B. Keith Jackson, Attorney and Counselor at Law PLLC, provides DWI defense for individuals under 21 in Houston and throughout Harris County.

Texas drunk driving laws are strict, especially for underage drivers. A DWI conviction can impact your driver’s license, education, and employment opportunities. Don’t wait to get help from a legal professional. Protect your rights by calling a DWI lawyer in Houston. Contact Attorney Jackson’s law office at (281) 545-5020 for a consultation today.

Texas Underage Drinking Laws

Under Texas Alcoholic Beverage Code §106.041, minors are prohibited from purchasing or attempting to purchase alcohol. It is also illegal for anyone under 21 to be intoxicated in public or to misrepresent their age while under the influence. Minors may not consume alcohol unless in the visible presence of a parent or legal guardian.

Texas Zero Tolerance Policy on Underage DWI

What legally qualifies as driving while intoxicated (DWI) differs between adults and minors. Generally, operating a motor vehicle with a blood alcohol content (BAC) level of 0.08% or more is grounds for drunk driving charges. Many states specify a lower limit of 0.02% for those under the age of 21. However, Texas law enforces a much stricter zero-tolerance policy for underage drunk driving.

According to the Texas Department of Public Safety, any detectable amount of alcohol in an underage driver’s system, regardless of whether it meets the legal limit for adults, can result in immediate charges. The law is designed to discourage drunk driving and to keep roads safe. It is aggressively enforced across the state.

Given Texas’s rigid stance on underage drinking, it is incredibly important to work with an experienced Houston criminal lawyer if you’re facing charges. Keith Jackson is a seasoned Houston DWI lawyer who provides personalized legal defense for his clients. By identifying weaknesses in the prosecution’s case, Mr. Jackson works strategically to reduce or dismiss criminal offense charges.

Can You Get a DWI Under 21 in Texas?

Yes, you can get a DWI in Texas if you’re under 21, even if you’re not legally drunk by adult standards. Texas enforces a zero-tolerance policy for underage drivers. If you are under 21, any detectable amount of alcohol in your system, regardless of how minor, can result in DWI charges.

Harris County police officers may use a variety of field sobriety tests, such as a blood or breath test, to determine if any alcohol is in your system after pulling you over. The results of these tests and the officer’s observations play a key role in the prosecution’s effort to secure a conviction. The best way to avoid conviction is not to drink before you drive. The second-best way is to seek assistance from a Houston criminal attorney with experience in DWI defense law.

Underage DWI vs. Standard DWI

Key differences between underage DWIs and standard DWIs in Texas include BAC limits and penalties. For adults, the legal limit is a blood alcohol concentration of 0.08 percent. However, under the Texas Department of Public Safety’s zero-tolerance policy, underage drivers can face DWI charges for any detectable amount of alcohol.

A standard DWI conviction for a first-time offense qualifies as a Class B misdemeanor. This can result in jail time for up to 180 days, a fine of up to $2,000, driver’s license suspension, or a combination of these penalties. Increased penalties apply to cases involving subsequent DWI/DUI convictions or aggravating circumstances, such as intoxication assault or intoxication manslaughter. An underage DWI conviction can result in lower penalties than a standard DWI conviction. However, consequences are still serious.

The legal process can be overwhelming, especially without professional legal counsel. B. Keith Jackson, a Houston DWI attorney with substantial experience in criminal defense, understands how to challenge criminal charges.

Penalties for Underage DWI in Houston

Underage DUI/DWI penalties in Houston depend on the driver’s age and whether or not they have any prior DWI convictions. Courts may require jail time, community service, fines, and driver’s license suspension for underage drinking. Additionally, drivers may need to participate in an Alcohol Awareness Course.

Texas Underage DWI Under the Age of 17

Drivers under 17 face the least harsh consequences for underage DWI. Penalties vary according to the number of offenses the minor has committed. Keep in mind that aggravating factors may lead to enhanced penalties.

Fine up to $500
20 to 40 hours of community service
Mandatory alcohol awareness class (potentially including the minor’s parent)
Driver’s license suspension for 60 to 180 days.

Fine up to $500
40 to 60 hours of community service
Mandatory alcohol awareness class (potentially including the minor’s parent)
Driver’s license suspension for 120 days to 2 years

Fine up to $500
40 to 60 hours of community service
Driver’s license suspension for 180 days to 2 years

Deferred adjudication allows a defendant to avoid a criminal conviction being placed on their criminal record. Minors under the age of 17 who commit a third or subsequent underage DWI offense are not eligible for deferred adjudication.

Texas Underage DWI Between the Ages of 17 and 20

Drivers in this age group face harsher penalties under Texas DWI laws. Courts increase penalties according to the number of offenses the defendant has committed. Furthermore, enhanced penalties apply to cases involving various aggravating factors.

Fine up to $2,000
Up to 180 days in jail
Driver’s license suspension up to 1 year
Possible community supervision plus ignition interlock device requirement

Fine up to $4,000
Jail time up to 1 year
License suspension up to 18 months

Fine up to $10,000
Prison sentence of 2 to 10 years
License suspension up to 2 years

How an Under-21 DWI Conviction Can Affect You

A DWI arrest before the age of 21 can create lasting problems beyond the initial penalties. License suspension can limit your ability to work, attend school, or meet other daily obligations. Not being able to drive will also affect your social life. DWI charges also add points to your driving record and may lead to higher insurance costs or loss of coverage. If courts note your conviction on a criminal record, it can affect college admissions, scholarships, job opportunities, and housing.

Even a first offense may risk jail time and other serious consequences. It is essential to fight these charges early. By hiring a first-offense DWI attorney in Houston, you increase your chances of avoiding conviction and keeping your record clean.

What to Do If Your Child Has Been Arrested for Drunk Driving in Texas

If your child has been arrested for drunk driving in Texas, it’s important to stay calm and act quickly. Advise your child not to answer police questions after a DWI arrest without a lawyer present. Even if officers say they’re just gathering information, your child may unknowingly implicate themselves. Officers may even try to convince your child to plead guilty when doing so would not be beneficial to them. Anything your child says could be used against them in court.

As soon as possible, contact a Houston underage DUI lawyer. B. Keith Jackson has experience handling DWI defense in Harris County. He’ll help you understand the next steps and how to protect your child’s future.

What Houston DWI Lawyers Can Do For Underage Drivers

Working with an experienced attorney significantly increases your chances of obtaining a favorable outcome in court. Texas law and court proceedings can be confusing. Making mistakes in interpreting the law or arguing your case can have severe consequences. When you hire a criminal defense attorney in Houston, they will support your case with their specialized legal knowledge and experience.

DWI defense attorney Jackson uses his familiarity with local court systems, judges, and prosecution to your benefit. He thoroughly studies each case he works on, learning the details so he can effectively apply relevant legal defenses. He can provide representation both at an Administrative License Revocation (ALR) hearing and during criminal offense proceedings.

Common Defenses to Underage DWI Charges in Texas

A Houston criminal defense lawyer can determine whether your rights were violated at any point before, during, or after your arrest. Such violations may result in case dismissal. For example, if you were not read your Miranda rights by the arresting officer, that officer violated your rights.

One common defense to underage DWI charges in Texas focuses on the legality of the traffic stop. Police officers need probable cause to pull someone over. In a DWI case, police may argue that swerving, running a red light, or other reckless driving led them to reasonably believe that the defendant was intoxicated. However, without probable cause, any evidence gathered may be inadmissible in court.

Your Houston criminal defense attorney can also challenge the reliability of the evidence obtained by the prosecution. In many cases, the results of a breath or blood test can be challenged due to improper administration, faulty equipment, or failure to follow required procedures.

Contact Houston Under-21 DWI Lawyer B. Keith Jackson To Seek Experienced Representation

Act quickly to protect your rights. Seek legal counsel if you or a loved one is facing charges for underage DWI in Texas. B. Keith Jackson, Attorney and Counselor at Law PLLC, understands how to fight these charges with precision and determination. He works closely with each client, developing a relationship with you as he puts together a strong defense case that suits your unique circumstances.

When you’re ready to consult with a criminal lawyer in Houston, TX, contact the law officers of Attorney Jackson. You can schedule your consultation today by calling (281) 545-5020 or contacting us online.