Austin Underage DWI Lawyers
Defending Against Underage DWI Charges in Travis County
In typical driving while under the influence (DWI) cases, there is some leeway in how cops determine if someone is intoxicated; however, with underage drivers, there is no such thing. Understanding the specifics of underage DWI laws in Texas is crucial for minors and their families.
At Smith & Vinson Law Firm, we understand the nuances of defending against an underage DWI charge. Contact our team today at (512) 359-3743 to schedule a free consultation.
Definition of Underage DWI
Zero Tolerance Policy
As stated on the Texas Department of Transportation website, it is illegal for anyone under the age of 21 to drive with any detectable amount of alcohol in their system. This zero-tolerance policy means that if an officer uses a breathalyzer test to gauge an underage person’s blood alcohol content (BAC) and it is over 0.00%, the officer can arrest the minor for an underage DWI.
Legal Implications
Underage DWI, often referred to as DUI (driving under the influence) in the case of minors, has strict enforcement policies due to the zero-tolerance stance. This is meant to discourage underage drinking and driving by imposing immediate and severe consequences for any alcohol consumption.
Penalties of an Underage DWI
Class C Misdemeanor
An underage DWI is typically classified as a Texas Class C misdemeanor for a first offense. The penalties for this level of misdemeanor can include:
- Up to a $500 Fine: Monetary penalties designed to discourage repeat offenses.
- 60-Day Driver License Suspension: Loss of driving privileges for a set period.
- 20 to 40 Hours of Community Service: Service requirements aimed at rehabilitation and community awareness.
- Mandatory Alcohol Awareness Classes: Education programs to inform minors about the dangers and legal consequences of drinking and driving.
Enhanced Penalties for Higher BAC
If the accused is 17 or older and has a BAC of 0.08% or greater, the penalties are more severe, and the charge can be elevated to a higher offense level. Potential penalties include:
- Up to a $2,000 Fine: Substantially higher monetary penalties.
- Three to 180 Days in Jail: Possible incarceration depending on the circumstances and severity of the offense.
- Driver License Suspension for 90 Days to a Year: Extended loss of driving privileges.
Multiple Offenses
Penalties will increase for minors who are convicted of multiple DWIs, potentially leading to longer suspensions, higher fines, and more extensive community service requirements.
Why Choose Smith & Vinson Law Firm?
At Smith & Vinson Law Firm, we offer award-winning representation to Austin and the surrounding areas. Our experienced legal team understands the serious implications of underage DWI charges and works diligently to protect your rights and future. We provide:
- Comprehensive Case Evaluation: Thorough analysis of your case to build a strong defense.
- Aggressive Defense Strategies: Tailored legal strategies to challenge the evidence and reduce penalties.
- Support and Guidance: Ongoing support throughout the legal process to ensure you understand your rights and options.
Contact Us Today: (512) 359-3743
Don't face underage DWI charges alone. Our skilled attorneys are here to help you navigate the legal system and achieve the best possible outcome for your case. Protect your future by securing expert legal representation from our dedicated team.
Contact Smith & Vinson Law Firm today at (512) 359-3743 to schedule a free consultation.
Our Client Reviews
Earning Our Reputation by Protecting Yours
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Smith and Vinson are absolutely incredible! They go above and beyond to help their clients and have a track record of success in getting cases dismissed. Their aggressive approach and unwavering dedication make them stand out from the rest.- Linda W.
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What sets this firm apart is their unwavering dedication to their clients. They listen attentively, provide clear guidance, and approach every case with the utmost diligence. Their attention to detail is truly impressive, and they leave no stone unturned.- Former Client
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When in battle you need people by your side who are fierce enough to face the opposition with you. Brad and Jarod far exceeded my expectations with their passion for winning and attention to detail.- Nikki C.
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After the Jury was selected, the first witness was called to the stand, and Brad and Jarrod imploded the State's case. Moments later, the case was dismissed. I couldn't be any more thankful for Smith & Vinson.- Former Client
A Proven Track Record
Check Out Our Recent Case Results
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Not Guilty 2nd DWI
911 caller reported a major rollover, single car accident. EMS and fire arrived on scene. They had to break the window to get our client out of the car. He said he had swerved to miss a deer and had been up close to 18 hours before the crash. Police later arrived on scene, spoke to our client and he admitted to coming from a bar and drinking 2 martinis.
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Not Guilty 2nd DWI
Our client was pulled over for a traffic violation. Officer smelled alcohol, client admitted to consuming a few drinks. Officer also noted slurred speech and bloodshot eyes. Client performed the SFST’s (roadside tests). Officer said he failed all 3, eye test, walk and turn and one-leg stand. Officer placed client under arrest and asked him for a sample of breath and/or blood. Client refused. Officer did not get a blood warrant.
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Case Dismissed 2nd DWI
Our client was involved in a vehicle accident in La Grange where she was ejected from the vehicle and had to stay in the hospital. There was alcohol in the car, and she had prior DWIs. The ethanol levels in her blood came back at a .13 so she was charged with Driving While Intoxicated. This client was unaware that she was charged after she left the hospital which resulted in the charge of Bail Jumping. However she maintained that she had only an 8% functioning liver due and upon researching her medical hist
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Deferred Adjudication Aggravated Assault & Tampering with Evidence
Our client was involved in a verbal dispute that turned into an altercation where a firearm was discharged into the ground. The round ricocheted and grazed a party to the dispute. Our client was facing multiple felony convictions and a prison sentence.
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Deferred Adjudication Aggravated Assault Family Violence w/ Serious Bodily Injury
Our client was involved in a domestic altercation that resulted in one of the parties sustaining a very serious life -altering injury that required serious medical intervention. We took the case and approached our defense with heavy strong willed negotiations with the State.
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Rejected Pre-Indictment Aggravated Assault Strangulation/Impeding Airway Investigation