Jail time is a very real possibility in underage DWI cases. If convicted, your child could spend anywhere from three to 180 days in jail––separated from their friends, family, and teachers. Even being jailed for 72 hours can cause years of trauma. As a loving parent, you want to do everything possible to protect your child’s life, well-being, and future.
Our Little Elm underage DWI attorneys understand your stress, and we want to lend a helping hand in your fight for justice. Led by Attorney Randall B. Isenberg, a former prosecutor and state district judge, we’re confident in our ability to secure the best possible outcome. Today, you can learn more about your options during a no-obligation case review.
Our Lawyers in Little Elm Protect Your Child From Being Convicted
Fighting for your child’s future can get complicated, but it’s nothing we can’t handle. We aim to support your legal goals by:
Being Present During Questioning
The police may question your child to get more information about the alleged crime and the details of their arrest. Anything your child shares, no matter how innocuous, could be used against them later. Our team can ensure that the information your child shares is objective and doesn’t paint them in a bad light.
Evaluating Your Child’s Arrest
Law enforcement must conduct arrests in accordance with state, local, and federal law. Yet, police officers are human, and like everyone else, they can make mistakes. We can evaluate the details of your child’s arrest and make sure that:
- They read your child’s Miranda rights.
- They didn’t use excessive force when conducting the arrest.
- The police officer had probable cause to pull your child over.
- They properly conducted a sobriety test.
If we find an issue with any aspect of your child’s arrest, we can possibly use that information to bolster your case. For instance, if the police didn’t read your child’s Miranda rights, and they admitted to something incriminating, we can move to have that admission disregarded.
Gathering Evidence
The burden of proof is on the prosecution to prove your child’s guilt beyond a reasonable doubt. Yet, we also need evidence to accurately share your side of the story. Supporting evidence our investigators can gather include:
- The arrest record
- The results of any blood or breath tests
- The arresting officer’s body cam footage
- Eyewitness testimony
Refute the Prosecution’s Case
The prosecution has one goal: to secure a guilty verdict at trial. However, your child is innocent until proven guilty. It’s our job to refute the prosecution’s case. It’s their job to prove guilt beyond a reasonable doubt.
As part of our defense strategy, we may allege:
- There isn’t enough evidence to secure a conviction.
- Evidence was improperly collected.
- Your child is not guilty of the alleged crime.
An underage DWI charge is not a conviction. There’s still a chance that we can clear your child’s name and uphold their legal rights. You can learn more about our legal services during a no-obligation case review with our DWI team serving Little Elm.
We Combat the Penalties That Come With Underage DWI Convictions
As noted, a DWI conviction can result in three to 180 days in jail, along with:
Fines
Per the Texas Department of Transportation (TxDOT), if convicted, your child could be fined up to $2,000. Not only can this place financial hardship on your family, but if they don’t pay the fine within the allotted period, the police could issue a warrant for their arrest. This could complicate matters even further.
Suspension of Their Driver’s License
Contrary to what the name suggests, Little Elm is anything but little. Additionally, as part of the Dallas-Fort Worth metroplex, many residents have to commute to and from work. Without a driver’s license, your child may have to solely rely on rideshare services and public transportation. This can quickly get tiring and even affect their ability to maintain employment.
Underage DWIs Are Not Eligible for Expunction
Some crimes are eligible for expunction in Texas. Underage DWIs are not among them. This means, if your child is convicted, the conviction will remain on their record forever and come up on subsequent background checks.
In the long run, this can complicate:
- Applying to schools. Many colleges ask whether an applicant has been convicted of a crime. By replying “yes,” your child’s application could receive less consideration than others.
- Getting hired. As with schools, many employers run background checks on potential employees. This could make it difficult for your child to gain their financial footing and earn a living.
- Applying for housing. Some complexes think twice about letting convicts live in their communities, even those convicted of non-violent offenses.
Your child’s life is just beginning. We’re here to ensure they start on the right foot.
Considerations if Your Child Is Facing Underage DWI Charges
Above all else, we recommend consulting our team. A trial is not something you or your child want to handle without legal support. Having our lawyers can alleviate your worries and instill confidence in your case’s outcome.
Other post-arrest considerations include:
- Gathering witness testimony. Witness statements can go a long way in asserting your child’s innocence. For instance, if they were arrested after leaving a party, their friends could attest to their sobriety.
- Writing down what happened. The details of your child’s arrest are important. Ask them to write down what happened before, during, and afterward. Even the smallest detail could point to an error made by law enforcement.
- Enrolling in an alcohol education course. Everyone makes mistakes. If a not guilty verdict isn’t possible, we may ask the court to reduce the charges they face. The court could approve if they see your child is making a conscious effort to better themselves.
Connect With the Law Offices of Randall B. Isenberg Today
You don’t have to spend another minute feeling uncertain about your child’s future. Instead, you can partner with our team in Little Elm. We can go toe-to-toe with the prosecution and advocate for the best possible outcome. To learn more, call now.
