If you or a loved one has been charged with underage DWI in Houston, you want an experienced, aggressive Houston underage DWI lawyer on your side.
The attorneys at Blass Law have defended people under 21 accused of drinking and driving in Houston and throughout Harris County for over 15 years, and we have the experience to fight for the best possible outcome. Do not settle when your entire future is at stake.
Call Blass Law today to let a Houston DWI lawyer defend you!
Texas’ Zero-Tolerance Law for Underage Drinking
Anti-drunk driving campaigns and statistics published by organizations such as Mothers Against Drunk Driving (MADD) tend to heighten the scrutiny of underage drivers.
According to MADD, 25 percent of teen car crashes involve an intoxicated underage driver. Those are potent statistics, and that’s why police are highly motivated to pull over minors and drivers under 21 to check for alcohol.
In Texas, a person can be accused and potentially charged with DWI if their BAC is .08 percent or higher. Texas operates under a stringent “zero tolerance” law. Sobering statistics reveal a pandemic of underage car crash fatalities, even though drinking under the age of 21 is illegal.
If you are driving and under 21 years old, even the slightest trace of alcohol can result in an arrest. Furthermore, if a person under 21 is accused of driving with a BAC of 0.08 or higher, they can face DUI or DWI charges.
Consult with a Houston criminal defense lawyer right away to learn more about the potential consequences for your situation.
Difference Between DWI and Underage DWI
In Texas, it is illegal for someone under 21 to drive with any amount of alcohol in their system. Depending on the amount of alcohol in your system, you could face DUI or DWI charges.
However, regardless of Texas’ zero-tolerance law for underage drinking, there isn’t much difference between a standard DWI and an underage DWI. The legal penalties are the same.
First-Offense DWI
Your first DWI is typically a class B misdemeanor, although it could be a more serious charge if certain elements are present. You face:
- Up to 180 days in jail
- Up to a $2,000 fine
- License suspension lasting up to one year
Second-Offense DWI
Your second DWI charge is typically a class A misdemeanor. A first DWI can be a class A misdemeanor if your blood alcohol concentration was 0.15 or higher. Penalties include:
- Up to a year in jail, with minimum jail time
- Up to a $4,000 fine
- License suspension lasting up to two years
Third-Offense DWI
Your third DWI charge is typically a third-degree felony. You face:
- Between two and 10 years in prison
- Up to a $10,000 fine
- License suspension lasting up to two years
Additional Charges
If you had an open container in your car, you would face a class C misdemeanor. However, if cops find an open container when they arrest you for DWI, you face a minimum jail term of six days.
If there was a child under the age of 15 in the vehicle with you, you would be looking at a state jail felony charge. You could spend two years in a state jail, have your license suspended, and be fined up to $10,000.
If you cause a fatal accident while intoxicated, you face decades in prison and up to $10,000 in fines.
Non-Legal Penalties
However, the biggest difference lies in the effect it could have on your future. Getting convicted of DWI before turning 21 could derail your entire life.
You could get kicked out of school or lose your acceptance to your dream school. Even if you don’t get kicked out for the conviction alone, you may fail out if you have to spend time in jail. Your license could be suspended, which will limit your ability to work and spend time with friends. You will also be on the hook for fines and court costs, which can be impossible to cover.
And since you have a criminal record, it can be more difficult to find a job.
DWI vs. DUI in Texas
DWI (driving while intoxicated) and DUI (driving under the influence) are often used interchangeably, but there is a significant difference in the eyes of the law in Texas.
Texas DWI law describes intoxication or impairment as driving with a BAC (blood alcohol concentration) of .08 or above. A person 21 years of age or older who is accused of driving with a BAC of .08 can be charged with a DWI.
However, a minor under the age of 21 accused of having ANY amount of alcohol while driving will face a DUI charge. Under these circumstances, prosecutors do not need to show that the driver was intoxicated or impaired, only that the driver had any amount of alcohol in their system.
This can lead to considerable confusion when someone under 21 is pulled over. They may assume they will face the much less severe charge of DUI (which is essentially a traffic ticket when compared to a DWI charge).
A DUI conviction can come with a $500 fine, a 60-day driver’s license suspension, up to 40 hours of community service, and mandatory alcohol awareness classes.
This potential for misunderstanding is why it is so important to get help from an attorney from our firm. We can explain the charges you face and the potential impacts of those charges.
Benefits of Hiring a Houston Underage DWI Lawyer from Blass Law
Hiring a Houston underage DWI lawyer from our firm offers significant advantages for drivers facing underage DWI charges. An experienced lawyer provides guidance through the legal process, working to reduce or dismiss charges and minimize the impact on the minor’s future.
We understand the nuances of DWI laws and how they affect drivers under 21 and can negotiate with prosecutors for more favorable outcomes.
Additionally, we help protect the driving record and academic standing of the person under 21, aiming to mitigate long-term consequences and ensure a smoother path to resolution.
Let our team fight for you and your future. Jay and the Blass Law team are here to support you during this journey.
How Implied Consent Affects BAC Testing
Texas operates under the implied consent standard. The reasoning follows that people who accepted the privilege of a driver’s license have already consented to submit to a BAC test.
While there are consequences for refusing to submit to a BAC test, you can refuse.
Given the state’s zero-tolerance policy, underage drivers who refuse a test could be arrested and held in jail until they go before a judge or post bail. Refusal can also result in an automatic 180-day suspension of driving privileges. If the police obtain a warrant for blood for a BAC test, it is best to comply and submit to the test.
What a Houston Underage DWI Lawyer Can Do for You
Although the zero-tolerance laws targeting underage drivers may seem unequal, it’s crucial for drivers under 21 to remember that they have the same rights as those over 21 years old.
That means that law enforcement officials must adhere to the same standards when making a traffic stop or an arrest. Law enforcement officials are required to have a reasonable suspicion that a crime is taking place. These are commonly cited reasons for traffic stops in drunk driving and DWI cases:
- Weaving in traffic
- Crossing the center line
- Speeding
- Driving too slow
- Expired inspection sticker
- Failure to comply with traffic signs or signals
It’s not uncommon for overzealous police officers to pull young drivers over and then begin an investigation into their behavior. Law enforcement officials are trained to look for telltale signs of alcohol use, such as exaggerated behavior, impaired motor skills, and relaxed muscle tone, among others. Such indicators may prompt an officer to ask you to submit to a field sobriety test.
Defending Your Rights
Unfortunately, overzealous officers sometimes exceed their authority and wrongfully arrest underage drivers. Law enforcement officials are expected to meet specific standards, and there are numerous legal hurdles between the initial traffic stop and the end of your DWI case. It’s also important to keep in mind that being charged with an underage DWI offense does not mean law enforcement will necessarily be able to secure a conviction.
As we stated above, a juvenile DWI conviction can negatively impact a Texan’s life long after turning 18 or 21 years old. A DWI conviction remains on your driving record for up to 10 years and can negatively impact your ability to get a job or admission to college. Repeat convictions within a decade can result in significantly harsher penalties and hefty fines.
That’s why it’s imperative that people under 21 who have been charged with DWI work with an experienced Houston underage DWI lawyer, like the attorneys at Blass Law.
We have the experience and knowledge to mount a strong legal defense and fight for the best possible outcome for your case. Our arsenal of strong DWI defense strategies includes:
- Challenging the Stop: When the police fail to prove reasonable suspicion and probable cause, the traffic stop and any charges filed may be deemed unlawful.
- Reviewing Bodycam Evidence: Officers who wear body cameras could be required to produce the video they claim led to further investigation. If you or your child showed no telltale signs of alcohol use, anything that followed may constitute a law enforcement overreach.
- Reviewing Dashcam Video: Many police vehicles are equipped with video cameras that provide an impartial view of the incident. If you passed a field sobriety test, the officer may not have been authorized to request a BAC test.
- Challenging Field Sobriety Test: Officers are required to follow a standardized field test. If they deviate, it could be stricken down as evidence against you or your child.
- Challenging the Breathalyzer Results: Breathalyzers are finicky. They must be calibrated properly and maintained. If law enforcement failed to maintain or calibrate the Breathalyzer, it may have generated a false positive. A false positive can also result from certain medical conditions or diets. For example, the Keto diet can cause a false positive when your body goes into ketosis.
- Lawful Possession: Simply transporting alcohol may not be a chargeable offense. If the bottles or cans were sealed and an adult had ownership, alcohol possession charges could be thrown out.
- Rights Violations: If law enforcement violated your rights in some way, we may be able to get the charges dropped.
Jay Blass Cohen is a certified lawyer-scientist who approaches these cases in a unique way. He is certified in forensic chromatography for both alcohol and drugs. He is also a Certified Practitioner and Instructor for Field Sobriety Testing.
He knows the correct way to do these tests and the wrong way. He can analyze the testing and determine where the cops went wrong.
Request a Confidential Consultation from a Houston Underage DWI Lawyer
Jay has always been dedicated to Houston and Keeping Innocent People Innocent. He didn’t start on the other side and then switch to criminal defense. He has always been on your side.
He knows how scary facing criminal charges can be, and he wants to ensure that you are supported throughout it. But he won’t sugarcoat anything. He knows how to beat a DWI charge, and he’ll make sure you understand what you’re up against, and he’ll walk through it with you, representing you throughout the process.
If you or a loved one has been charged with a Houston underage DWI, you need to call Blass Law. Our underage DWI attorneys will aggressively fight to defend your rights and protect your future!
Call today for your consultation.