Compassionate and Strategic Underage DWI Defense Representation
If you or your child has been charged with underage DWI, you likely feel anxious about what will happen next. Beyond immediate penalties, any criminal record—especially a charge as serious as DWI—can jeopardize your or your child’s future, including college admissions, job opportunities, and more.
At Lance Kennedy Law, we believe one mistake should not define a young person’s life. We provide strategic, solutions-driven advocacy for underage drivers facing DWI charges. Our team knows how to navigate these cases effectively. Our founding attorney, Lance Kennedy, previously served as a prosecutor. This background gives us insight into how Texas prosecutors build their cases, allowing us to anticipate and counter their arguments. We keep lines of communication open, so you can make informed decisions every step of the way. Whatever your situation, our goal is to help you seek the most favorable outcome.
We understand the stress parents and young adults face during DWI cases in Travis County courts. In Austin, school administrators and campus police often notify universities about pending DWI charges, potentially leading to disciplinary hearings separate from the legal process. By working proactively within the legal system and with educational institutions, we help protect academic eligibility and minimize disruptions.
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 21 or older, the legal limit for blood alcohol concentration (BAC) is 0.08%. Texas uses a “zero tolerance” policy for anyone under 21. If a driver under 21 has any detectable amount of alcohol in their system while driving in a public place, police can charge them with DWI.
A detectable amount can be as low as 0.01% or 0.02% BAC, far lower than the adult legal limit. That means even a small amount of alcohol can lead to charges for young drivers.
Texas distinguishes between underage DUI and DWI. A DUI generally applies when a minor operates a vehicle with any detectable alcohol, while a DWI involves driving impaired by alcohol or drugs. In Austin, law enforcement closely monitors underage drivers around campus neighborhoods, entertainment districts, and city events, which leads to a higher rate of juvenile DWI and DUI arrests compared to other Texas cities.
Understanding the Juvenile DUI Process in Austin
When officers charge someone under 17 with DUI or DWI, the case enters the juvenile court system instead of adult criminal court. In Travis County, juveniles attend hearings at the Gardner Betts Juvenile Justice Center, which follows rules tailored for minors. The process may involve intake interviews, detention hearings, and work with probation counselors. Families should expect status conferences and court dates that move quickly compared to adult DWI cases. Our attorneys guide families through every step.
Each juvenile case has its own process and possible outcomes. Courts may offer diversion programs, alcohol education, or other rehabilitation-focused options rather than detention. Parents and guardians play an important role in these proceedings, and early legal guidance ensures your family has access to every opportunity available within Austin and Travis County. We stay up to date on local practices, from community service requirements to school reporting rules, and explain how each step could affect your child’s future.
Potential Consequences of an Underage DWI Conviction in Texas
Potential penalties for underage DWI depend on age and whether this is a first offense. For minors under 17, a first DWI usually results in a Class C misdemeanor. Penalties include fines up to $500, up to 40 hours of community service, license suspension for up to 180 days, and a mandatory alcohol education course, but no jail time. Even with less severe punishment, it is best to avoid any DWI record.
A second offense for a minor under 17 means higher consequences: up to $500 in fines, up to 60 hours of community service, and license suspension for up to two years.
For individuals ages 17 to 20, a first DWI offense is a Class B misdemeanor, with potential penalties including up to 180 days in jail (minimum 72 hours), fines up to $2,000, and a license suspension up to one year.
A second offense at this age is a Class A misdemeanor, carrying up to a year in jail (minimum 30 days), up to $4,000 in fines, and license suspension up to two years.
A third or subsequent DWI becomes a felony, even for underage drivers. Penalties include up to ten years in prison (minimum two years), fines up to $10,000, and license suspension up to two years. Any underage DWI can become a felony if someone was seriously injured or killed in a resulting accident.
Our lawyers know how serious these consequences are for young people and their families. We work thoroughly to pursue results that reduce the impact on your future.
If you face charges in Austin or Travis County, you may also have to complete local alcohol education programs or face eligibility restrictions for Texas Department of Public Safety occupational driver licenses. Some Austin schools may place a disciplinary hold on transcripts until your DWI case concludes. By understanding all possible consequences—not just criminal penalties—you can make better decisions for 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 took a breath or blood test and the result showed alcohol in your system. Our skilled attorneys at Lance Kennedy Law carefully review each arrest and the prosecution’s evidence to build a strong defense tailored to your unique situation.
Some of the defenses we may explore include:
Challenging the legality of the traffic stop. Officers must have a valid legal reason, called reasonable suspicion, to pull someone over. If the officer lacked a proper basis for the stop, any evidence obtained, including signs of intoxication or test results, could be inadmissible in court. We review all available evidence, such as dashcam footage, to spot possible constitutional issues.
Disputing field sobriety test results. Field sobriety tests aim to assess impairment, but results can be subjective and influenced by many factors unrelated to drinking. We may challenge how the officer gave the test, highlight poor environmental conditions, or point out medical or physical factors like fatigue or anxiety that affected performance.
Detected alcohol not beverage related. A minor can face DWI charges for trace amounts of alcohol, even if it came from certain medicines or fermented foods. Cough syrup, some mouthwashes, and products like overripe fruit or kombucha can trigger false positives on breath tests. We investigate whether non-beverage sources could explain test results.
Challenging breathalyzer or blood test accuracy. Chemical tests play a key role in DWI cases, but they are not foolproof. Defenses include showing improper device calibration, protocol mistakes by officers, or issues with the sample. Problems with blood draws, contamination, or improper storage can also affect results.
When we review juvenile DWI arrests in Austin, we account for city-specific procedures, especially when University of Texas campus police or the Austin Police Department conduct sobriety checkpoints in student neighborhoods. Officers sometimes give field sobriety tests in crowded or difficult settings, which can affect results. We look at local testing practices to verify that every enforcement step met legal standards.
The Importance of Early Legal Intervention
Prompt legal counsel can directly influence the outcome of your underage DWI case. Engaging our team at Lance Kennedy PLLC early helps develop a strong defense while preserving your rights throughout the process. Early intervention may lead to better negotiations, plea deals, or even a case dismissal.
Acting quickly benefits you in multiple ways:
Protect your future: An underage DWI conviction can have long-term consequences for your education, work prospects, and personal life.
Enhance your defense: Gathering evidence, witness statements, and expert opinions becomes more effective the sooner we begin.
Understand your rights: We guide you through complex Texas laws, ensuring you stay well-informed during the entire process.
Minimize penalties: With strategic representation, you may face lower penalties, allowing you to move forward confidently.
Seeking legal advice immediately is especially helpful if you’ve received notice of an Administrative License Revocation (ALR) hearing. In Texas, this hearing is mandatory if your license is at risk after a DWI arrest. If you take action soon after an arrest in Austin, we can request this hearing within the state’s 15-day deadline, giving us a better chance to protect your license and prepare your court defense. This is a unique step in Texas DWI and DUI cases that can help you retain your driving privileges while your case moves forward.
Don’t wait for the situation to escalate. Contact Lance Kennedy PLLC today to discuss your case and learn how we can help you pursue the best possible outcome.
Protecting Your Child’s Future: Record Sealing and Expungement in Texas
Many parents worry about the long-term effects of a juvenile DWI or DUI charge, especially the impact on college, jobs, and adult life. Texas law gives eligible juveniles the chance to seal or expunge some records, which keeps charges and arrests private. Whether you can do this depends on how the case ended, your child’s age, whether they finished probation, and whether the court finds sealing is in the youth’s best interest.
In Austin, judges consider the seriousness of the charge and positive steps the minor took, such as completing service or education programs. Not every case qualifies for record sealing or expungement, and there is usually a waiting period after court proceedings end. Knowing your eligibility and timing for record sealing early allows you to create a plan for your child’s future beyond the arrest.
Why Choose Lance Kennedy PLLC for Your Underage DWI Defense?
When facing an underage DWI charge, having a dedicated legal team on your side can make a substantial difference. At Lance Kennedy PLLC, we recognize the challenges and pressures that come with these cases. Our attorneys have extensive experience in DWI defense and support young clients and their families with clear communication and focused strategies. Here’s why you should consider us:
Personalized approach: We adapt our legal strategies to fit your unique situation, giving every case the attention it deserves.
Proven track record: Our lawyers have successfully defended many underage clients against DWI charges, using sound approaches that produce strong results.
Experienced knowledge: By staying current on Texas DWI laws, we prepare every defense with the most relevant information.
Support every step of the way: We guide you from the first consultation through final resolution, keeping your family informed and empowered.
Commitment to your future: We work to protect your immediate interests and also help you move past this challenge with the best opportunities for your future.
Lance Kennedy PLLC brings trial experience and legal insight that few defense firms in Austin can match. Our founding attorney served as a former Assistant United States Attorney and a former Federal Assistant District Attorney in Austin, and holds degrees from Harvard University, Southern Methodist University Law School, and the University of Texas at Austin. With a strong record in both federal and state trials and established working relationships with agencies like the Texas Rangers and Austin Police Department, we offer practical, informed representation. Our knowledge of Travis County judges, prosecutors, and local sentencing options benefits every juvenile DWI defense we handle.
FAQs
What happens if my child refuses a breath or blood test in Austin?
Refusing a breath or blood test after a DWI stop in Texas typically results in an automatic license suspension, regardless of whether criminal charges proceed. The Texas Department of Public Safety imposes administrative penalties for minors who refuse, and the refusal can affect the court case as well.
Will a juvenile DWI charge stay on my child’s record forever?
A juvenile DWI or DUI charge does not always remain on a child’s record. Depending on the case and the court’s decisions, your family may be able to seek record sealing or expungement after meeting requirements and waiting through the necessary period.
Do Travis County courts offer alternative sentencing or diversion programs?
Travis County juvenile courts frequently consider educational and rehabilitation options for minors with DWI charges. These alternatives depend on the offense, the youth’s background, and how the case proceeds at hearings and in discussions with prosecutors.
Don't leave your defense to chance. Reach out to Lance Kennedy PLLC today to schedule a consultation, and let us help you navigate this challenging time with confidence.
You or your child deserves a strong defense when facing serious DWI charges. Call (737) 324-7540 or contact us online to schedule a free case evaluation today.
I appreciate his compassion and proactive strategy that got my son the best possible outcome.
“Lance took the time to talk to me explained the process and scenarios, he answered all my questions I felt completely confident he was the one we needed to represent my son.”
- Jenny B.
I highly recommend Lance for your legal needs.
“Lance Kennedy Law provided excellent service when I needed legal representation for a family member. Their communication was prompt, keeping me up to date on our case.”
- Sandy S.
All in all, I’d give him a 10/10! Great job!
“He was very professional, answered all my questions in a timely matter. Even on the same day”
We understand that facing criminal charges can be overwhelming and stressful. As dedicated federal criminal defense attorney with years of experience, I am committed to providing personalized legal counsel for your defense. My approach is tailored to meet your unique needs, ensuring that you have an ally to help get your life back.
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Choosing the right criminal defense attorney in Austin is an important decision. At Lance Kennedy Law, our criminal defense attorneys understand the weight of this choice and the trust you place in your legal representative. Our promise to you goes beyond just words, it’s a tangible commitment to excellence, transparency, and relentless advocacy as we navigate your case together.
