San Antonio Underage DWI Lawyer

Offering Aggressive Defense for Underage Drivers in Texas

Being charged with driving while intoxicated (DWI) as a minor is a very serious matter. Even if it is your first offense, you could still face steep penalties, including the suspension of your driver's license. You could also be required to attend alcohol education classes, pay high fines, and spend time in jail. If you are a high school or college student, this could seriously affect your future. If you are facing DWI charges as a minor, it is important that you speak with a qualified criminal defense attorney as soon as possible.

At The Law Offices of George A. Scharmen, our San Antonio DWI lawyer understands that DWI charges as a minor can have a lasting impact on your future. We can help you resolve your case quickly and efficiently, and we can help you avoid the harsh penalties associated with DWI convictions.

Contact our San Antonio underage DWI attorney today at (210) 405-9730 to get more than 40 years of legal experience on your side.

Underage DWI Laws in Texas

Zero-tolerance rules for minors typically refer to strict policies that impose severe consequences for any violation or infraction committed by individuals under a certain age. These rules are often implemented in schools, organizations, or legal systems with the aim of maintaining discipline, promoting safety, and deterring misconduct among minors. One area where zero-tolerance policies are commonly applied is in cases involving Driving Under the Influence of Alcohol (DUIA) or Driving While Intoxicated (DWI).

If a minor is under 17 years of age, an underage DWI is a Class C misdemeanor, which carries a fine of up to $500, driver's license suspension for up to 180 days, and up to 40 hours of community service.

If a driver is between 17 and 20 years old, an underage DWI is a Class B misdemeanor in Texas. This means that you could be facing up to 180 days in jail, a fine of up to $2,000, and the suspension of your driver's license for up to one year. If you have prior DWI convictions, your sentence could be harsher, and you could be charged with a felony.

If you are facing your first DWI charge, it is possible that you could be placed on deferred adjudication. This means that if you successfully complete all of the terms of your probation, your charges could be dismissed.

Defenses Against Underage DWI Charges

DWI is considered a serious offense in Texas, and it's even more critical when the driver is underage. If you or someone you know is facing underage DWI charges in Texas, it's essential to understand potential defenses. Some defenses that could be used include:

Lack of Probable Cause: Police officers must have a valid reason to stop a vehicle. If there was no probable cause for the initial traffic stop, any evidence obtained (e.g., field sobriety tests or breathalyzer results) could be inadmissible in court.
Improper Police Procedure: If the police did not follow proper procedures during the arrest, it can be grounds for a defense. For example, failure to inform the underage driver of their rights or improperly administered field sobriety tests could be challenged.
Inaccurate Blood Alcohol Concentration (BAC) Testing: If there are issues with the accuracy or maintenance of the breathalyzer or blood testing equipment, it may be possible to challenge the BAC results.
Rising Blood Alcohol: It can take time for alcohol to be absorbed into the bloodstream, which means a person's BAC can rise after the police stop them. If a defense can establish that the driver's BAC was under the legal limit at the time of driving but exceeded it later, this can be a defense.
Medical Conditions: Certain medical conditions or medications can impact the results of BAC tests. If the accused can prove that a medical condition or medication caused a false positive on a breathalyzer test, it may be a valid defense.
Witness Testimonies: Gathering witness statements that corroborate the driver's sobriety or contradict the prosecution's case can be beneficial.
Challenging Field Sobriety Tests: Field sobriety tests are subjective and unreliable. An experienced defense attorney can challenge the accuracy of these tests in court.
Chain of Custody: If there are issues with the handling or chain of custody of blood or urine samples, it can be a defense.
Compliance with Miranda Rights: If the driver was not read their Miranda rights during the arrest, this may be a valid defense for certain issues in the case.
Constitutional Violations: Any violations of the accused's constitutional rights, such as unlawful search and seizure, can be grounds for a defense.

How Can an Attorney Help With Your Underage DWI Charge?

Facing an underage DWI charge can be overwhelming, especially with Texas' strict zero-tolerance policies. An attorney can provide crucial assistance by evaluating the circumstances of the arrest and identifying any potential legal defenses. For example, if the traffic stop was conducted without probable cause, this can be challenged in court. Additionally, any errors in the administration of breath or blood tests, such as improper calibration or maintenance of the equipment, may be grounds to contest the results.

An attorney also ensures that the accused understands their rights, including protections against self-incrimination and unlawful searches. If law enforcement failed to follow proper procedures during the arrest, it could weaken the prosecution's case. Furthermore, an attorney can negotiate with the prosecutor to reduce the charges, potentially converting a DWI into a lesser offense, which may lead to reduced penalties.

For minors, an underage DWI can have long-lasting consequences, including a permanent criminal record. An attorney's goal is to mitigate these outcomes by pursuing case dismissal, reduced penalties, or alternative sentencing options, such as diversion programs or community service. This focused legal representation can help protect the defendant’s future and reduce the impact of the charges.

Understanding the Consequences of Underage DWI in Texas

Underage drinking and driving in Texas can have serious legal consequences. In addition to the standard DWI laws, Texas has specific laws and penalties for drivers under the age of 21 who are caught driving under the influence. It's important to understand the potential consequences of underage DWI, including:

Suspension of driver's license
Fines and court costs
Community service
Mandatory alcohol education programs
Possible jail time

Our experienced team at The Law Offices of George A. Scharmen can provide legal guidance and representation for individuals facing underage DWI charges. Our San Antonio underage DWI attorney can help navigate the legal process and work towards the best possible outcome for your case.

Contact Our Underage DWI Attorney in San Antonio Today

If you are facing DWI charges as a minor, it is important that you seek legal counsel as soon as possible. A qualified San Antonio underage DWI lawyer could help you avoid harsh penalties and protect your future. At The Law Offices of George A. Scharmen, our firm has the experience you need to resolve your case successfully. We have handled thousands of cases, and we can use this experience to help you resolve your charges as quickly and efficiently as possible.

Contact us at (210) 405-9730 to schedule a free consultation with our San Antonio underage DWI lawyer.

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