Austin Underage DWI Defense Attorneys

Compassionate and Strategic Underage DWI Defense Representation

If you or your child has been charged with underage DWI, you are no doubt scared about what may come next. Beyond the immediate potential penalties, any type of criminal record – especially a charge as serious as DWI – can jeopardize your or your child’s future, including your or their college enrollment, job opportunities, and more. 

At Lance Kennedy Law, we believe a single mistake or misunderstanding shouldn’t derail the rest of your life. That’s why we offer aggressive, solutions-driven advocacy to underage drivers facing DWI charges. Our team understands how to effectively defend against these charges, and our founding attorney, Lance Kennedy, was a former prosecutor. This means we are familiar with how Texas prosecutors build cases against defendants and can leverage that knowledge to anticipate and counter their arguments. We can provide clear and transparent communication every step of the way so that you can make informed decisions about your case with confidence. No matter your circumstances, our goal is to secure the best possible outcome. 

We are available 24/7, so call (737) 324-7540 or contact us online to schedule a free and confidential consultation with our Austin underage DWI defense lawyers now. Se habla español.

How Underage DWI Differs from Other DWI Offenses

For drivers aged 21 or older, the legal limit for blood alcohol concentration (BAC) is 0.08%. However, Texas operates under a strict "zero tolerance" policy for individuals under 21. This means that if a driver under the age of 21 is found to have any detectable amount of alcohol in their system while operating a motor vehicle in a public place, they can be charged with DWI.

This detectable amount can be as low as 0.01% or 0.02% BAC, a much lower threshold than the adult limit. This makes it easier for an underage person to face legal consequences even after consuming only a small amount of alcohol.

Potential Consequences of an Underage DWI Conviction in Texas

The potential penalties an individual can face for underage DWI depend on their age and whether this is their first offense. If a minor is under the age of 17, a first DWI offense will generally be charged as a Class C Misdemeanor. The potential penalties do not include any period of incarceration, but they do include up to $500 in fines, up to 40 hours of community service, a license suspension of up to 180 days, and a requirement to complete an alcohol education course. While these may seem like relatively light punishments, it is in your best interest to avoid having any kind of DWI offense on your record.

For a second offense, a minor under the age of 17 will face slightly elevated consequences. These include up to $500 in fines, up to 60 hours of community service, and a license suspension of up to two years. 

A first DWI offense for someone between the ages of 17 and 20 is classified as a Class B Misdemeanor and carries significantly elevated potential punishments. These include up to 180 days of jail time (with a 72-hour minimum sentence), fines of up to $2,000, and a license suspension of up to one year.

A second offense is a Class A Misdemeanor and is even more serious. The potential penalties include up to a year of jail time (with a 30-day minimum sentence), up to $4,000 in fines, and a license suspension of up to two years. 

A third or subsequent DWI is charged as a felony, even if you are underage. The potential penalties include up to ten years of incarceration (with a two-year minimum sentence), fines of up to $10,000, and a license suspension of up to two years. Note that any underage DWI charge can be potentially elevated to a felony if someone was seriously hurt or killed in a resulting accident. 

Our lawyers recognize the severity of these consequences on a young person’s life. We are prepared to leave no stone unturned as we fight to obtain a result that minimizes impacts to your future. 

Common Defense Strategies for Underage DWI

Being charged with underage DWI does not automatically mean a conviction. You are innocent until proven guilty, even if you submitted to a breath or blood test and the results indicated you had alcohol in your system. Our skilled attorneys at Lance Kennedy Law can meticulously examine the specifics of the arrest and the prosecution’s evidence to build a strong defense tailored to the unique circumstances of your case.

Some of the defenses we may explore include:

• Challenging the legality of the traffic stop. Law enforcement must have a valid legal reason, known as reasonable suspicion, to pull a vehicle over. If the officer lacked a proper basis for the initial stop, any evidence obtained as a result, including observations of intoxication or chemical test results, might be deemed inadmissible in court. We can review all available evidence, such as dashcam footage, to identify potential constitutional violations at this initial stage.
• Disputing field sobriety test results. Field sobriety tests are designed to assess impairment, but their results can be subjective and influenced by many factors unrelated to alcohol consumption. We may be able to challenge the officer's administration of these tests, pointing out improper instructions, environmental conditions (like uneven ground or poor lighting), or your physical conditions (such as nervousness, fatigue, medical issues, or even simply being uncoordinated) that could have affected your performance.