Concerning alcohol-related offenses, a minor is a person under 21 years of age. If a minor is pulled over on suspicion of driving while intoxicated, as with someone 21 years of age or older, they could get a DWI charge. Additionally, a conviction could result in similar penalties, including incarceration, fines, and driver’s license suspension. Yet, unlike those 21 years of age and older, minors also run the risk of getting a driving under the influence (DUI) charge, levied when a minor has any detectable amount of alcohol in their system. Although the penalties for the offense are not as steep as those for a DWI, they are still severe. Hiring a criminal defense lawyer to challenge accusations and seek to avoid or minimize punishments may be an effective course of action.
At Deandra Grant Law, our Dallas attorneys aggressively fight for our clients. Schedule a consultation by contacting us at (214) 225-7117.
Defining a DWI in Texas
A person is considered to be driving while intoxicated in two instances. The first is when their normal faculties are impaired because the individual consumed alcohol and/or drugs. Impairment can include decreased judgment and poor motor skills.
The second instance when someone is considered intoxicated is when their blood alcohol concentration (BAC) is 0.08 or higher. Because alcohol affects people differently, a BAC at or above this level does not necessarily mean that the person is impaired and can’t drive safely. Still, the law presumes that someone is intoxicated when their BAC reaches or exceeds the legal limit.
The DWI Law Applies to Minors
Driving under the influence charges aren’t reserved only for those 21 years of age or older. Minors can also face charges if they are found operating a vehicle with a BAC of 0.08 or higher or if their ability to drive is impaired due to alcohol consumption.
A minor accused of a DWI can receive severe punishments if convicted. The penalties imposed upon a person 21 years or older can also apply to someone under 21.
Regardless of age, a first-time DWI violation is a Class B misdemeanor punishable by the following:
- A jail term between 72 hours and 180 days
- A fine of up to $2,000
- Driver’s license suspension for up to 1 year
Additionally, if aggravating factors are present in the minor’s case, they may be subject to more stringent punishments, as would anyone 21 and over. For instance, if the minor had a BAC of 0.15 or more at the time of the offense, they could be charged with a Class A misdemeanor and face a fine of not more than $4,000 and confinement for up to 1 year.
Minors Can Be Charged with DUIs
People under 21 years of age are not legally allowed to drink alcohol. While a minor can get a DWI for having a BAC of 0.08 or more, they can also face charges for driving under the influence (DUI) if their alcohol concentration is below that level.
Texas has a Zero-Tolerance Law concerning minors drinking and driving. If a police officer suspects that a person under 21 years of age has any amount of alcohol in their system, the officer can arrest and detain the individual. It also does not matter if the minor were impaired at the time.
A first-time DUI can result in the following penalties:
- A fine of up to $500
- Driver’s license suspension for 60 days
- Community service for 20 to 40 hours
- Completion of an alcohol awareness class
Minors Have Similar Legal Requirements and Rights
If a minor is pulled over for a DWI or DUI, like a person 21 years of age or older, they are considered to have automatically given their consent to provide a blood or breath specimen for analysis. The individual can refuse to participate in the chemical test, but they can face sanctions for doing so. A first-time refusal can result in a driver’s license suspension for 180 days.
The minor has the right to request an administrative license revocation hearing to contest the suspension of their driving privileges. They must contact the Department of Public Safety within 15 days of receiving a notice os suspension.
Also, minors have the right to challenge their DWI or DUI charge and can have an attorney represent them throughout their cases.
Consequences of Underage Drinking and Driving
If you’re under the age of 21, you need to think twice about drinking and getting behind the wheel. As a minor, you can be charged with both DUI and DWI.
DUI refers to driving under the influence, which is applicable to those who are underage. Because it’s illegal for minors to drink, any detectable trace of alcohol can lead to a conviction.
DWI refers to driving while intoxicated. This means driving with a blood-alcohol content of .08 or higher. While you may feel like drinking with your friends is worth the risk, it’s important to know the possible consequences of underage drinking and driving in Texas.
Keep reading for everything you need to know.
License Suspension
One of the best things about growing up is being able to get your driver’s license. Your driver’s license provides you with freedom and independence. However, having a driver’s license is a privilege, one that can be taken away for underage drinking and driving.
If you’re pulled over and charged, you could lose your license for up to one year on the first offense. The second and third offenses could mean forfeiting your license for 18 months and two years, respectively.
Community Service and Alcohol Awareness Courses
Underage drinking and driving in Texas can also result in time-consuming punishments. These include community service and alcohol awareness courses.
In some cases, the judge may also decide that you need an ignition lock on your vehicle. In this case, you would have to blow into an installed breathalyzer every time before starting your vehicle.
Fines and Fees
One of the major issues with underage drinking and driving is how expensive these charges can be. For example, on your first offense, you could be liable for fines up to $2,000.
On your second offense, the fines double to $4,000. If you’re facing your third underage DWI offense, the judge can fine you up to $10,000.
Jail Time
One of the most unsettling underage drinking and driving facts is that the accused can be arrested and penalized with jail time. As a minor, this can be an incredibly intimidating punishment. However, in Texas, underage drinking and driving carries a minimum jail sentence of 72 hours, but up to 180 days.
On the second offense, you will be sentenced to a minimum of 30 days and up to one year in jail. A third offense warrants a two to a 10-year jail sentence.
Damage to Property, Injuries, and Loss of Life
Finally, you need to think about the other potential consequences of underage drinking and driving. If you were to wreck your vehicle, it could have disastrous, and possibly life-altering results.
For example, you could destroy not only your vehicle but also someone else’s. You could even drive into someone else’s property.
Additionally, you could end up injuring another human being. In the worst-case scenario, underage drinking and driving could result in the death of you, your passengers, or other people on the road.
Penalties for Adult DWI Offenders
When an adult is charged with a DWI, the consequences can be serious and long-lasting. For a first offense, an adult may face penalties such as fines, jail time, community service, and mandatory alcohol education programs. The severity of the penalties often increases with repeat offenses, leading to harsher punishments like longer jail sentences and the suspension or revocation of a driver’s license.
In Texas, even a first-time adult DWI offender can face up to six months in jail, along with fines and the potential loss of their license for a period of time. In some cases, the court may also require the installation of an ignition interlock device, which prevents the vehicle from starting if alcohol is detected on the driver’s breath.
The long-term effects of an adult DWI conviction can extend beyond the legal penalties. A DWI on someone’s record can affect their ability to get a job, secure housing, or obtain certain professional licenses. Insurance rates also typically increase following a DWI conviction, making it more expensive for the individual to maintain coverage.
What Happens to a Driver’s License After an Underage DWI
When someone under 21 is charged with a DWI, one of the first areas of impact is their driver’s license. Many states, including Texas, have zero-tolerance laws for underage drinking and driving. This means that even a small amount of alcohol in the system can result in legal consequences. A blood alcohol concentration (BAC) as low as 0.02% can lead to penalties, unlike the 0.08% limit for drivers who are 21 or older.
If convicted, an underage driver may face a license suspension that can last for months or even years. The exact length of the suspension often depends on factors such as the driver’s BAC at the time of the arrest or if it is their first offense. Losing a license can make it hard for young people to get to school, work, or other important places. In many cases, families might be able to apply for a restricted license that allows limited driving, such as trips to school or work, but even these require meeting strict conditions set by the court or state authorities.
How Insurance is Affected by an Underage DWI
Insurance is another area where the effects of an underage DWI conviction can be long-lasting. Insurance companies view DWI convictions as high-risk behavior. For young drivers, who already face higher insurance premiums due to their age and inexperience, the cost can become much more difficult to manage.
After a conviction, an insurance company might cancel the driver’s policy entirely or refuse to renew it. If the company does continue to offer coverage, the premiums can increase significantly. Young drivers might also be required to file an SR-22, which is a certificate proving that they carry the state’s required level of liability insurance. This can make finding affordable coverage even more challenging.
The Impact of a Criminal Record on Future Opportunities
A DWI conviction does not just affect driving and insurance; it can also leave a criminal record that follows the individual into adulthood. For young drivers, this can be particularly damaging as they begin to apply for college, jobs, or military service. Some schools or employers might deny opportunities to applicants with a criminal record, while others may require full disclosure and explanations for the offense.
Having a criminal record at a young age can also make it harder to qualify for loans, scholarships, or housing. In some cases, underage drivers may qualify for programs like deferred adjudication, which can help avoid a conviction on their record if they meet certain requirements. However, not everyone is eligible, and these programs often require strict compliance with court-ordered conditions.
Contact a Lawyer Today
If you or your child has been accused of an alcohol-related driving offense, an attorney can be instrumental in building your defense. They can review the facts to identify holes in the prosecutor’s arguments.
Get started on your Dallas case by calling Deandra Grant Law at (214) 225-7117 or submitting an online contact form today.