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Underage DWI

DUI By a Minor Attorney in Friendswood

A DUI/DWI charge for a minor can have lasting consequences. Contact Us

Unlike adults, minors (anyone under 21 years old) in Texas are subject to a "Zero Tolerance" law regarding alcohol. This means that if a minor operates a motor vehicle with any detectable amount of alcohol in their system, they can be charged with DUI by a Minor, even if their Blood Alcohol Content (BAC) is below the 0.08% legal limit for adults. This specific charge, codified in the Texas Alcoholic Beverage Code, is a distinct offense from the standard Driving While Intoxicated (DWI) charge for adults.

The repercussions of a DUI by a minor conviction can extend far beyond simple fines, impacting driving privileges, educational opportunities, future employment prospects, and personal reputation. When your child's future is at stake, immediate and strategic legal action is paramount. The Law Office of Steve O. Gonzalez provides robust, aggressive, and compassionate defense for young individuals throughout Texas, standing as a formidable DUI by a minor lawyer in Friendswood.

Call a caring DUI by a minor attorney in Friendswood today for a free legal consultation. Reach out by calling (832) 900-9867 or online—we’re here to help protect their future.

Understanding DUI by a Minor Charges in Texas

In Texas, the specific offense of Driving Under the Influence of Alcohol by a Minor (DUIA by a Minor) is defined under Texas Alcoholic Beverage Code (ABC) Section 106.041. This statute embodies Texas's "Zero Tolerance" policy for underage drinking and driving.

A minor (defined as a person under 21 years of age) commits an offense if the minor:

  • Operates a motor vehicle in a public place (or a watercraft, but our focus here is motor vehicles).
  • While having any detectable amount of alcohol in the minor's system.

Key Distinctions for a DUI by a Minor Lawyer in Friendswood

  • "Any Detectable Amount": This is the core of the Zero Tolerance law. Unlike adult DWI where a BAC of 0.08% or higher is per se intoxicated, for a minor, even a BAC of 0.01% or 0.02% is sufficient for a DUI by a Minor charge. Proof of actual impairment is not required for this specific charge.
  • DUI by a Minor vs. Adult DWI:
    • DUI by a Minor (ABC 106.041): Applies only to individuals under 21. Prohibits any detectable amount of alcohol. Typically a Class C Misdemeanor for a first offense.
    • DWI (Driving While Intoxicated - Texas Penal Code 49.04): Applies to individuals 21 or older, or to minors who have a BAC of 0.08% or greater, or if the minor has lost the normal use of their mental or physical faculties due to alcohol or drugs. DWI charges are generally Class B Misdemeanors (or higher felonies for repeat offenses or aggravating factors) and carry significantly harsher penalties than DUI by a Minor.
    • Important Overlap: If a minor has a BAC of 0.08% or higher, or is found to be impaired to the extent of losing normal faculties, they can still be charged with the more serious adult-level DWI offense, even if they are under 21. This often applies to minors aged 17 and older. A Friendswood DUI attorney will evaluate if this more severe charge is appropriate.

Penalties for DUI by a Minor Convictions in Texas

The penalties for DUI by a Minor in Texas are distinct from adult DWI penalties but still carry significant consequences that can affect a young person's driving privileges, education, and future.

First Offense DUI by a Minor (Class C Misdemeanor):

  • Fine: Up to $500.
  • Community Service: Mandatory 20 to 40 hours of community service. This service must be related to education about or prevention of alcohol misuse.
  • Driver's License Suspension: 60-day driver's license suspension. The minor is generally not eligible for an occupational license (hardship license) for the first 30 days of this suspension.
  • Alcohol Awareness Course: Mandatory attendance at an Alcohol Awareness Course approved by the Texas Department of Licensing and Regulation (TDLR). Failure to complete this course can lead to further license suspension.
  • Criminal Record: A conviction will result in a permanent criminal record, which can impact academic standing, college applications, future employment opportunities, and even eligibility for certain scholarships or financial aid.

Second Offense DUI by a Minor (within 10 years of prior conviction):

  • Fine: Up to $500.
  • Community Service: Mandatory 40 to 60 hours of community service.
  • Driver's License Suspension: 120-day driver's license suspension. The minor is generally not eligible for an occupational license for the first 90 days of this suspension.
  • Alcohol Awareness Course: Mandatory attendance at an Alcohol Awareness Course.

Third or Subsequent Offense DUI by a Minor (for minors not considered "children" by Family Code):

  • If the minor is 17 years or older and has been previously convicted at least twice of DUI by a Minor, the offense is punishable by:
    • Fine: Not less than $500 or more than $2,000.
    • Confinement in jail: Up to 180 days.
  • Driver's License Suspension: 180-day driver's license suspension. Not eligible for deferred disposition or deferred adjudication.
  • No Deferred Adjudication: This means a conviction is more likely to appear on their record.

Additional Consequences of Any DUI by a Minor Conviction:

  • Increased Insurance Rates: Car insurance premiums for the minor (and potentially their parents) will significantly increase.
  • Probation: A judge may also impose probation as part of the sentence, with conditions such as regular reporting, random drug/alcohol testing, and adherence to curfews.
  • DWI Intervention/Education Program: May be required depending on the circumstances.
  • Impact on College/Employment: Even a Class C misdemeanor conviction can show up on background checks for college admissions, scholarships, and employment. While often not an automatic disqualification, it can be a significant negative factor.
  • Juvenile Justice System Involvement: For minors under 17, charges are typically handled in the juvenile justice system, which focuses on rehabilitation but can still lead to serious consequences, including detention.
  • Administrative License Suspension (ALR) if Chemical Test Refused or Failed: Separate from the criminal case, the Texas Department of Public Safety (DPS) can suspend a minor's license administratively if they refuse a chemical test (180-day suspension for first refusal) or fail a chemical test (60-day suspension for BAC 0.08% or higher, or any detectable amount if under 21). Your Friendswood DUI attorney will fight this ALR suspension in a separate hearing.

The varied and escalating nature of these penalties underscores why immediate engagement with a highly experienced Friendswood DUI attorney is not merely a preference, but an absolute necessity to protect a young person's future.

Why Choose Law Office of Steve O. Gonzalez in Friendswood?

Our team at Law Office of Steve O. Gonzalez provides personalized and dedicated legal defense tailored to meet the unique requirements of each juvenile DUI case. With over 32 years of combined experience, we offer a deep understanding of Texas DUI laws, making us well-equipped to navigate the complex juvenile justice system.

We ensure clients feel supported throughout the legal process, providing comprehensive advocacy and maintaining open communication. Our focus is not just on legal outcomes, but also on supporting families through the emotional and social challenges that accompany juvenile charges. By developing strong, trusting relationships with our clients, we work collaboratively to achieve the best possible outcomes.

Take Action: Protect Your Child’s Future

If your child is facing a juvenile DUI charge in Friendswood, reach out to Law Office of Steve O. Gonzalez today. Our experienced team stands ready to provide the dedicated representation your family needs. By partnering with us, you gain access to a firm committed to preserving legal rights and advocating for the best possible outcomes.

We aim to relieve your family’s stress by clarifying the legal process and aggressively protecting your child’s future. Our goal is to create a strategic plan that considers all aspects of your case, offering peace of mind and clear direction during a challenging time.

For compassionate and skilled legal guidance, contact us at (832) 900-9867 or fill out our online form.

Frequently Asked Questions

What Is the Difference Between Underage DUI and DWI in Texas?

Underage DUI usually refers to any detectable alcohol in a minor’s system, while a DWI involves a BAC of 0.08% or higher or impaired driving behavior. Both are serious offenses with distinct legal consequences.

Can My Child Participate in a Diversion Program for Underage DUI/DWI?

Yes, diversion programs focused on education and rehabilitation may be available, especially for first-time offenders. Successful completion can reduce or dismiss charges.

Will an Underage DUI/DWI Affect My Child’s Driver’s License?

Most likely, yes. Texas law often suspends or delays the driving privileges of juveniles charged with DUI/DWI. The duration depends on the specifics of the case and prior offenses.

What Should I Do Immediately After My Child Is Charged with Underage DUI or DWI?

Remain calm and contact an experienced juvenile DUI attorney promptly. Avoid making statements without legal advice and understand the court process ahead. Early legal help can significantly influence the case outcome.

What Happens If My Child Is Charged with Underage DUI or DWI in Texas?

Underage DUI or DWI charges in Texas are handled through the juvenile justice system, which focuses more on rehabilitation than punishment. Potential outcomes may include probation, alcohol education programs, community service, and license restrictions. Skilled legal representation is essential to help reduce penalties and explore alternative sentencing focused on the juvenile’s growth and future.

How Can a Lawyer Assist with an Underage DUI/DWI Charge?

A juvenile DUI/DWI attorney understands the unique aspects of Texas’s zero-tolerance laws and juvenile court procedures. They work to negotiate diversion programs, challenge evidence, and minimize consequences. Legal counsel also guides families through the process, explaining rights and court expectations clearly.

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Stay In The Know

  • What type of criminal cases do you handle?

    The firm's areas of practice include but are not limited to:

    • Misdemeanors and felonies
    • DWI
    • Expunctions
    • Nondisclosures
    • Parole hearings
    • Probation revocations
    • Pre-indicted cases
    • Pre-filed investigations
    • Occupational driver licenses
    • Juvenile cases
  • Can you guarantee good results?

    No attorney can guarantee good results. Steve does promise that he will work as hard as possible on your case and that his staff will make this difficult time as pain-free and efficient as possible for you.

  • Do you take the time to make jail visits with potential new clients?

    Steve can meet with family members in person and then make a visit to the jail.

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