Texas implements strict laws to deter drivers of every age from operating a vehicle under the influence but underage drinking and driving comes with a separate set of challenges. If you or your child has been cited or charged with DWI, the best time to consult with a Rowlett underage DWI lawyer is immediately following the incident.
At the Law Offices of Randall B. Isenberg, our dedicated team of DWI lawyers in Rowlett are here to provide you with the information and guidance you need to navigate your case effectively.
Legal Process After Being Cited or Charged for Underage DWI in Texas
After being cited or charged for underage DWI (Driving While Intoxicated) in Texas, the legal process typically involves several key steps:
- Arrest or citation: If you are suspected of driving under the influence and are stopped by law enforcement, you may be arrested or issued a citation. This depends on the severity of the offense and the discretion of the arresting officer.
- Court appearance: You will be required to appear in court for your underage DWI case. The court will schedule an initial hearing where you will be formally notified of the charges against you and have an opportunity to enter a plea.
- Plea options: During your court appearance, you will have the option to plead guilty, not guilty, or no contest. Our reputable Rowlett criminal defense lawyers at the Law Offices of Randall B. Isenberg will advise you before making this decision.
- Legal representation: It is highly recommended that you seek legal representation from an experienced underage DWI attorney in Rowlett. They will protect your rights, assess the evidence against you, and develop a defense strategy tailored to your situation.
- Pretrial motions and negotiations: Your attorney may file pretrial motions to challenge the legality of the traffic stop, search, or any other evidence in your case. They may also engage in negotiations with the prosecutor to explore the possibility of reduced charges or alternative sentencing options.
- Trial: If a favorable resolution cannot be reached through negotiations, your case may proceed to trial. During the trial, both the prosecution and defense will present their arguments, evidence, and witnesses. The judge or jury will then determine your guilt or innocence.
- Sentencing: If you are convicted of underage DWI, the court will impose a sentence. The penalties may include fines, mandatory programs, probation, community service, suspension of your driver’s license, and, in some cases, even jail time.
- Appeals: If you believe there were legal errors during your trial or sentencing, you may have the option to appeal the decision. An appeals process involves presenting arguments to a higher court, requesting a review of the lower court’s decision.
Understanding the Difference Between DUI and DWI in Texas
In Texas, there are distinct offenses for DUI and DWI, and the driver’s age is the primary factor that determines which charge is applicable. In Texas, a DWI can be charged to any driver, regardless of age, when their blood alcohol content (BAC) measures 0.08 or higher according to Texas Penal Code 49.04.
In contrast, DUI, or Driving Under the Influence, is specifically for underage drivers who operate a vehicle while under the influence. For underage drivers, even a BAC as low as 0.01 can result in DUI charges. First-time DUI offenses are classified as Class C misdemeanors, which are slightly lesser offenses compared to DWI charges.
Potential Penalties and Legal Options for Underage DWI Charge in Texas
Texas penalties for underage DWI may include:
- License suspension: A conviction for underage DWI can result in a driver’s license suspension for a period of time. The length of the suspension varies depending on factors such as the BAC level and any prior offenses.
- Fines: The court may impose fines as a penalty for underage DWI. The specific amount varies, but it can range from a few hundred dollars to several thousand dollars, depending on the circumstances of the offense.
- Alcohol education programs: Completion of a Texas alcohol education program may be required. These programs aim to educate individuals about the risks and consequences of alcohol misuse.
- Probation: In some cases, probation may be ordered, requiring regular check-ins with a probation officer and adherence to certain conditions, such as avoiding alcohol and drug use.
- Community service: The court may require you to complete community service hours as part of the penalty for an underage DWI.
Legal Options for Those Cited With an Underage DWI
If you or your child was cited or charged with underage drinking while driving, Rowlett attorneys will discuss the following legal options that apply specifically to your case:
- Plea bargain: It may be possible to negotiate a plea bargain with the prosecution. This involves reaching an agreement on a reduced charge or lesser penalties in exchange for a guilty plea.
- Pretrial motions: Your attorney can file pretrial motions to challenge the legality of the traffic stop, the accuracy of the BAC testing, or other aspects of the case. If successful, these motions can lead to the exclusion of evidence or even dismissal of the charges.
- Defense strategies: Your attorney will assess the specific facts of your case and develop a defense strategy tailored to your circumstances. This may involve challenging the reliability of the sobriety tests or questioning the accuracy of the BAC results.
- Expungement: If you were charged with underage DWI but successfully completed all court orders and probation, you may be eligible for expungement. It is strongly advised to connect with a Rowlett underage DWI attorney to mitigate the long-term consequences of the charge on your criminal record.
Discuss Your Underage DWI Case During a Free Consultation
The Law Offices of Randall B. Isenberg has experienced underage DUI lawyers in Rowlett who are well-versed in obtaining “not guilty” verdicts in an underage DWI case or having your records expunged. We are dedicated to protecting your rights, advocating for your best interests, and striving for favorable outcomes, so contact us for a free consultation today!
