Underage DWI (DUI)
In Texas, if you are a minor and have "any detectable amount of alcohol in your system" while driving a motor vehicle, you may be charged with “DUI” (Driving Under the
Influence.) This is a zero tolerance law set up solely for people under the age of 21.
Specifically, a DUI is classified as a Class "C" misdemeanor. This means that you cannot receive jail time, but can be charged a fine of up to $500.00 for a first offense.
Along with the fine, a term of probation may be imposed coupled with community service, alcohol awareness classes and a suspension of your driver’s license. For subsequent offenses you
can receive even longer terms of probation, an extended license suspension and, in some cases, jail time.
The Texas Department of Public Safety will typically issue a notice of suspension and try to suspend your driver’s license in the majority of these cases. This license suspension is
the same Civil administrative license revocation “ALR” process that is used in adult DWI cases. This suspension is in addition to the previously mentioned suspension possibility.
To sum up, if you are under 21, you are not allowed to drink any alcohol, even under a legal exception, and then drive a car. If an officer testifies that he or she merely smelled an
alcoholic beverage on your breath during a traffic stop then you can be cited for DUI. This is true even if the officer feels that you were both below the .08 legal limit and had not
lost the normal use of your mental/physical faculties.
The penalties for DUI are different than those for DWI, but are still severe and can cause many long term negative effects on you and your future. If your DUI case is mishandled, it
can have terrible long-term effects on your criminal record and can cause a lengthy driver’s license suspension. These cases must be taken seriously and resolved with both short-term
and long-term protection in mind. If properly handled, the entire record of your arrest may be expunged in the future, thereby removing any trace from your record.
Serving clients in San Antonio, Bexar County; Bandera, Bandera County; New Braunfels, Comal County; San Marcos, Hays County; Seguin, Guadalupe County; Floresville, Wilson County; Jourdanton, Atascosa County; George West, Live Oak County; Gonzales County; Boerne, Kendall County; Kerrville, Kerr County; Fredericksburg, Gillespie County; Lockhart, Caldwell County; Austin, Travis County; Georgetown, Williamson County and other jurisdictions throughout Texas.
Disclaimer
: This site is meant to provide useful information to those in need of legal representation and to educate the public on some of the criminal law issues facing Texas citizens. The information of this site is not legal advice. For legal advice, please contact our office.
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