Juveniles and DWI Defenses: What You Should Know
Juveniles in Texas who are stopped for driving while intoxicated (DWI) for drugs or alcohol can face serious penalties that can have long-lasting repercussions. Depending on the age of the person, they may face charges as an adult, and even if a juvenile driver is not charged as an adult, they can still face a significant fine and jail time in many circumstances. For subsequent offenses, the penalties become even more severe. If your child is a high school student or college student who is underage and was recently arrested for drunk driving or drugged driving in Texas, it is essential to understand the charges your child is facing and the potential penalties in the event of a conviction. Building a strong defense to avoid a conviction and a criminal record is essential. Our Texas juvenile DWI defense attorneys can tell you more, and we can speak with you today about your child’s case.
Understanding Charges for Driving Under the Influence of Alcohol by a Minor
Under Section 106.041 of the Texas Alcoholic Beverage Code, a juvenile (in this case meaning a person under the age of 21) commits the offense of driving under the influence of alcohol by a minor “if the minor operates a vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the minor’s system.” Even a trace of alcohol can result in this charge, which is typically a Class C misdemeanor. This is commonly known as a DUIA by a Minor rather than a DWI.
If a minor is 17 years of age or older and has a blood alcohol concentration of 0.08 percent or higher, they can be charged as an adult with a Class B misdemeanor DWI by a minor and can face up to 180 days in jail in addition to a $2,000 fine and a driver’s license suspension for up to one year. A second offense is a Class A misdemeanor, while a third or subsequent offense is charged as a felony.
Defending Against Juvenile DWI Charges
Defense strategies for juvenile DWI charges are similar to those for adult charges related to drunk or drugged driving, such as:
- Defective breath test or defectively administered breath test;
- Tainted blood sample; or
- Constitutional violation in the “search” (breath or blood test).
Contact a Texas Juvenile DWI Defense Attorney for Help with Your Child’s Case Today
Is your child currently facing DWI charges in Texas? Even a first offense will likely be charged as a misdemeanor, and your child will have a criminal record in the event of a conviction. For more serious offenses, your child could be facing felony charges. Under any juvenile DWI situation, it is critical to build the strongest defense possible so that your child does not end up with a criminal record and a serious sentence in Texas. One of the experienced Texas juvenile DWI defense lawyers at John Reed, Attorney at Law can speak with you today to discuss the specific details of your child’s case, and we can begin developing potential defense strategies to help your child avoid a criminal conviction. Contact us for more information.
Sources:
statutes.capitol.texas.gov/?tab=1&code=AL&chapter=AL.106&artSec=
dps.texas.gov/sites/default/files/documents/driverlicense/documents/dl-20.pdf
txdot.gov/safety/driving-laws/impaired-driving/underage-drinking.html
