When you get pulled over, the last thing you expect is to be charged with a DUI in Texas. However, if you are under the age of 21, you may assume you don’t have to worry about this. Though you may assume the police will use this as a learning experience, this is far from the truth. In reality, the police in Texas will take a DWI under 21 as a very serious matter. As such, the following blog explores your legal options during this matter and the importance of working with Houston DWI defense attorneys to fight for the best possible outcome during these matters.
What Are the Penalties for a DWI Under 21?
Generally, when you are charged with a DWI in Texas, it means you are considered legally intoxicated while operating a vehicle. This is determined by your Blood Alcohol Concentration (BAC), which is measured using a breathalyzer. Across the United States, the legal limit of intoxication is a BAC of 0.08% or higher.
However, it’s important to understand that this is only applicable to drivers over the age of 21. Drivers under the legal drinking age are subject to Texas’s Zero Tolerance Policy. As such, if a driver under the age of 21 and they are found with any amount of alcohol in their system, they can be charged with a DWI. This means having a BAC as low as 0.01% can result in an underage driver facing a DUI charge.
If you are charged with a DUI as a minor, you’ll face a Class C misdemeanor offense. This carries a fine of up to $500, up to 40 hours of community service, the loss of your driving privileges for up to two months, and mandatory participation in an alcohol education course.
However, if you are over the age of 17 and are at or over the legal limit of 0.08% or higher, the penalties you can face will increase. As such, you can face up to $2,000 in fines, a minimum of three days with the potential for up to 180 days in jail, and a license suspension ranging between 90 days and a year.
Are There Any Potential Defenses I Can Utilize?
If you are under the age of 21 and have been charged with a DUI, it’s imperative to connect with an experienced attorney as soon as possible. In some instances, you’ll find that there are defenses you may be able to use for your circumstances. For example, if the officer did not read you your Miranda rights before placing you under arrest, it can warrant a violation of your Constitutional Rights. Similarly, if you were pulled over without probable cause, your attorney can use this as a defense.
In some instances, you’ll find that you may be able to fight the charges against you if the officer who pulled you over incorrectly administered the breathalyzer test, as this can result in skewed results. If you have a medical condition, like diabetes or certain liver conditions, you’ll find that it can produce a false positive result.
Fighting a DUI charge under the age of 21 is an incredibly difficult matter in Texas. As such, you’ll find that working with an experienced attorney from the Gonzalez Law Group is in your best interest. We understand how difficult these matters can be, which is why we will do everything possible to guide you through these matters. Contact us today to discuss your legal options.
