Underage DWI Charges What Texas Parents Need to Know This School Year

As the school year begins, Texas parents must be aware of the potential dangers their teens may face, especially when it comes to underage drinking and driving. This time of year can be exciting for students, but it also introduces several challenges that could lead to serious legal trouble, particularly in relation to alcohol. For teens, drinking and driving can be a tempting yet dangerous activity, one that could lead to legal charges with far-reaching consequences. Understanding the risks and legal consequences associated with underage DWI charges can help parents take the right steps to protect their teens and avoid such a situation altogether. 

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What Is Underage DWI in Texas? Underage DWI Charges What Texas Parents Need to Know This School Year

Underage DWI charges are a serious concern for young drivers in Texas. While the legal drinking age in Texas is 21, underage drinking and driving remain a significant issue. Texas has a zero-tolerance policy for underage drivers who have consumed alcohol, which means that even a small amount of alcohol in a teen’s system can result in a DWI charge. In Texas, the law stipulates that anyone under the age of 21 can be charged with driving while intoxicated if their blood alcohol concentration (BAC) is above a certain threshold, or even if the alcohol content is barely detectable in their system. This makes underage drinking and driving a serious criminal offense, with severe legal penalties attached. Teens often believe that as long as they are not visibly intoxicated, they will not get caught or face severe consequences. Unfortunately, under Texas law, a teen can be arrested for driving while intoxicated with a BAC of just 0.01%, a fraction of the legal limit for adults, which is 0.08%. The harsh truth is that even a small drink can lead to serious legal trouble for minors behind the wheel.

Legal Consequences of Underage DWI Charges in Texas

The consequences of an underage DWI charge in Texas are significant, and they can have long-lasting effects on a teen’s future. If your teen is arrested for an underage DWI, they could face several legal penalties, depending on the circumstances of their case. The following are some of the potential consequences:

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Fines and Fees

For an underage DWI conviction in Texas, a teen can face substantial fines. These fines can be as high as $500 or more, depending on the specifics of the case. In addition to fines, a court may impose additional fees related to the teen’s driving record, probation, or mandatory alcohol education programs.

Driver’s License Suspension

One of the most severe penalties for an underage DWI conviction is the suspension of the teen’s driver’s license. In Texas, a first-time offender may have their license suspended for up to 180 days. This can create a significant inconvenience for your teen, especially if they rely on their driver’s license for commuting to school, extracurricular activities, or a part-time job. A license suspension can also be disruptive to their social life and may negatively affect their overall well-being.

Jail Time

Although jail time is rare for first-time offenders, it is still a possibility for underage DWI convictions in Texas. If your teen is convicted, they could face up to six months in a county jail. The likelihood of jail time increases if there are aggravating factors, such as repeat offenses, having a passenger under the age of 15, or causing an accident while intoxicated. If the case involves an accident that leads to injury or property damage, the penalties could be much more severe.

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Community Service and Alcohol Education Classes

Another consequence of an underage DWI conviction is the requirement to complete community service or attend an alcohol education program. A judge may mandate that the teen perform a certain number of community service hours, often involving volunteer work in the community. Additionally, your teen may be ordered to enroll in an alcohol education program designed to educate them about the dangers of drinking and driving. These programs are often used as a rehabilitation tool, aiming to prevent future alcohol-related offenses.

Long-Term Consequences

The impact of an underage DWI conviction goes beyond immediate penalties. Teens convicted of DWI charges may face lasting consequences that affect their education, employment opportunities, and future prospects. One of the most concerning long-term effects of a DWI conviction is its potential to damage a teen’s criminal record. A criminal record can be a significant barrier to entering certain career fields, obtaining financial aid for college, and passing background checks for jobs and internships. In addition to legal and employment difficulties, a DWI conviction can also lead to increased insurance premiums. Teens convicted of DWI offenses may face higher auto insurance rates, which could last for several years. These added financial burdens can add stress to an already challenging situation and may make it harder for your teen to rebuild their life after the conviction.

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How Parents Can Prevent Underage DWI Charges

Prevention is key when it comes to underage drinking and driving. As a parent, it is important to take an active role in ensuring your teen is aware of the dangers of alcohol and the legal consequences of drinking and driving. The following steps can help you prevent your teen from getting behind the wheel while intoxicated:

Open Communication and Education

Start by having an honest conversation with your teen about the dangers of alcohol and driving. Make sure they understand that underage drinking and driving is illegal, even if they are not visibly impaired. It’s important to emphasize that getting behind the wheel after consuming alcohol can result in severe legal penalties, including fines, license suspension, and even jail time. Talk about the risks involved, including the potential for accidents, injuries, and even fatalities. Educate them about the long-term consequences of a DWI conviction and how it can affect their future.

Establish Clear Rules and Expectations

Make it clear to your teen that drinking and driving is never acceptable. Set firm rules that prohibit alcohol consumption and driving, and explain the reasons behind these rules. Establish a no-tolerance policy and ensure your teen understands the severe consequences they could face if they violate these rules.

Case Results

Not Guilty

.17 Alcohol Level Was Reported

Case Dismissed

Arrested for DWI

Thrown Breath Score Out

.17 Breath Test

Case Dismissed

Assault Causing Bodily Injury of a Family Member

Case Dismissed

Possession of a Controlled Substance, Penalty Group 3, under 28 grams

Trial – Not Guilty

Continuous Sexual Abuse of A Child

Case Dismissed

Driving While Intoxicated With a Blood Alcohol =0.15

Trial – Not Guilty

Violation of Civil Commitment

Dismissed-Motion to Suppress Evidence Granted

Driving While Intoxicated

Dismissed-No Billed by Grand Jury

Assault Causing Bodily Injury of a Family Member with Prior

Case Results

Not Guilty

.17 Alcohol Level Was Reported

Case Dismissed

Arrested for DWI

Thrown Breath Score Out

.17 Breath Test

Case Dismissed

Assault Causing Bodily Injury of a Family Member

Case Dismissed

Possession of a Controlled Substance, Penalty Group 3, under 28 grams

Trial – Not Guilty

Continuous Sexual Abuse of A Child

Case Dismissed

Driving While Intoxicated With a Blood Alcohol =0.15

Trial – Not Guilty

Violation of Civil Commitment

Dismissed-Motion to Suppress Evidence Granted

Driving While Intoxicated

Dismissed-No Billed by Grand Jury

Assault Causing Bodily Injury of a Family Member with Prior

Provide a Safe Ride Home Option

One of the most effective ways to prevent an underage DWI charge is to ensure your teen knows they can always call for a safe ride home. Whether they’re at a party or hanging out with friends, having a designated driver or using a ride-sharing service can help keep them from making risky decisions. Let them know that you are available to pick them up, no questions asked, if they ever find themselves in a situation where they’ve been drinking.

Be Involved in Your Teen’s Social Life

It’s important to stay involved in your teen’s social life, so you can keep track of where they are, who they are with, and what activities they are participating in. Encourage them to engage in social activities that don’t involve alcohol, and make sure they understand that you are there to support them in making good decisions. Being aware of your teen’s social circle and keeping open lines of communication can help prevent risky behavior from taking place.

Monitor Your Teen’s Driving Habits

Another important step in preventing underage DWI charges is to monitor your teen’s driving habits. Keep track of how often and how far they are driving, and make sure they are obeying traffic laws. You may even consider using a GPS tracking app or installing a device that monitors their driving behavior. This can provide peace of mind and help ensure that your teen is driving safely and responsibly.

What to Do if Your Teen Is Charged With Underage DWI

If your teen is already facing an underage DWI charge, it’s crucial to seek legal help as soon as possible. A skilled DWI attorney can help you navigate the legal process, understand your teen’s rights, and develop a defense strategy to minimize the consequences. A lawyer may be able to negotiate a plea deal, reduce fines, or even have charges dropped altogether, depending on the details of the case. At Deandra Grant Law, we specialize in DWI cases and offer free consultations to discuss your teen’s case and the best steps to take. Underage DWI charges can have serious consequences for Texas teens. As a parent, you play a crucial role in helping your teen make responsible decisions regarding alcohol and driving. By educating your teen, setting clear rules, and providing a safe ride home option, you can significantly reduce the risk of them being charged with underage DWI. If your teen is already facing charges, don’t hesitate to seek professional legal help. At Deandra Grant Law, we are here to support you and your family during this challenging time.

To learn more about this subject click here: Is a DWI a Criminal Offense?