Underage Drunk Driving Criminal Defense

Minors Under 21 DWI & DUI

DWI laws are very different for minors. Specifically, minors may be charged with Driving Under the Influence (DUI), which means that if there is any alcohol whatsoever in the minor's system while driving, he or she is guilty of a DUI. For DWI and DUI cases, a minor is anyone under 21 years of age, meaning persons between ages 18 and 21 may be tried as minors and prosecuted as adults.

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Just as with adults, police may require minors to take a breath test, which the minor may refuse. If the minor refuses the test, his or her license may be revoked for 120 days if this is the first offense or 240 days if his or her record indicates a drug or alcohol related arrest in the past five years.

Texas law states that a minor found driving with any alcohol in his or her system will have his or her license revoked for no less than 60 days. Furthermore, if the minor is convicted of an alcohol related driving offense, his or her license will be revoked for one year. If the Department proves that the minor is addicted to alcohol, the minor will be ineligible to keep or receive a driver's license.

If a minor is convicted of a first time DUI, he or she may be either put on probation or committed to a rehabilitation facility. If a minor is over the age of 17, he or she may be sentenced to 180 days jail time for a third DUI conviction or a first DWI conviction.

A first offense DUI is a Class C misdemeanor. If the minor is not yet 18 years of age, his or her parents will be required at every court appearance. The minor will be sentenced to 20 to 40 hours of community service related to alcohol awareness and he or she will be required to take an alcohol awareness class within 90 days. If the minor is under 18, the court may require the minor's parents to attend the class as well. A first offense may be eligible for deferred adjudication or the conviction will be expunged on the minor's 21st birthday.

For a second DUI offense, the punishment is identical except community service requirements are raised to 40 to 60 hours. Furthermore, a second DUI conviction is not expunged from the minor's record on his or her 21st birthday but it may still be eligible for deferred adjudication.

A third DUI offense is a Class B misdemeanor. Deferred adjudication is no longer an option. Additionally, if the minor is over 18 years of age, the minor may receive a fine between $500 and $2,000 and he or she may be sentenced to a maximum of 180 days in jail.

If you have been charged and need an experienced attorney to handle your case, contact the Texas DWI lawyers at Grossman Law Offices.


Related articles:
Plea bargains
Probation eligibility
DWI penalties

Questions answered in this article:
What are the punishments for DWI for minors in Texas?
Can I keep my license if I'm charged with a DUI?
What will happen if I'm found to be addicted to alcohol?


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