Texas DUI Attorneys Discuss Underage DUI Penalties

Texas DUI Attorneys Discuss Underage DUI Penalties

Getting arrested for DUI can be scary for anyone, but it’s especially frightening when you’re under 21. As a minor, the legal consequences can really throw your life off track if you’re found guilty. That’s why it’s so important to understand Texas’ strict underage DUI laws and work with an experienced DUI defense attorney who knows how to protect your rights.

I talked with several Texas DUI lawyers to get their insights on underage DUI charges in our state. Here’s what you need to know if you or your child is facing an underage DUI charge in Texas:

Texas Has Zero Tolerance for Underage DUIs

Texas has a “zero tolerance” policy when it comes to drinking and driving under the age of 21. This means any detectable amount of alcohol in your system can result in a DUI charge, even if you’re under the 0.08% blood alcohol content (BAC) limit for adults[1].

“Unlike adult drivers, minors don’t get a pass if they only had ‘a few drinks,'” explains Austin DUI attorney Jamie Spencer. “For drivers under 21, there is no acceptable level of alcohol. Just one drink can lead to a DUI.”

Penalties Depend on Your Age and Number of Offenses

Penalties for an underage DUI conviction vary based on factors like your age and whether it’s a first-time or repeat offense. Here’s an overview of potential penalties:

Under Age 17

• 1st offense: Up to $500 fine, 20-40 hours community service, 60-day license suspension, alcohol education class[2]
• 2nd offense: Up to $500 fine, 40-60 hours community service, 180 day-2 year license suspension, alcohol education class[2]

Ages 17-20

• 1st offense: Up to $2,000 fine, 72 hours-180 days in jail, 1 year license suspension[2]
• 2nd offense: Up to $500 fine, 40-60 hours community service, 180 day-2 year license suspension, alcohol education class[2]
• 3rd offense: Up to $500 fine, 40-60 hours community service, 180 day-2 year license suspension, alcohol education class[3]

“Repeat underage DUI offenses are taken very seriously in Texas,” warns Houston DUI lawyer Tyler Flood. “The punishments escalate quickly, including possible jail time for older teens on a second or third offense[4].”

There are Defenses That Can Help

While Texas has strict underage DUI laws, experienced DUI attorneys know how to build a strong defense to fight the charges. Here are some defenses that could potentially apply in an underage DUI case:

• No probable cause for the traffic stop – If the officer didn’t have sufficient reason to pull you over in the first place, the whole case could get thrown out due to an illegal stop.
• Errors in chemical testing – Mistakes in how your BAC test was administered could call the results into question.
• Involuntary intoxication – You may not be responsible if someone spiked your drink without your knowledge.
• Medical conditions – Some health issues like diabetes or acid reflux can mimic signs of intoxication during field sobriety tests.

“An experienced DUI lawyer will thoroughly examine every aspect of your arrest to build the strongest defense,” says attorney Steve Gonzalez. “We have seen cases dismissed, charges reduced, and other positive outcomes for underage drivers[5].”

Get Legal Help Right Away

If you or your child has been charged with an underage DUI, it’s critical to act fast. An experienced DUI attorney can advise you on the best defense strategy and work to protect your rights and future.

“Don’t wait to seek legal help if you’re facing an underage DUI charge,” urges El Paso attorney Brock Morgan. “An underage DUI conviction can have consequences that follow you for years, affecting college applications, financial aid, future employment, and more[6].”

No one expects to be facing underage DUI charges, but if it happens, you don’t have to go through it alone. Connect with a knowledgeable Texas DUI defense attorney right away to start building your strongest case. With an attorney guiding you, there are options to explore and defenses to raise that could potentially get your charges reduced or dismissed. Don’t leave your future up to chance – get legal help fighting your underage DUI today.