Time Is Of The Essence: Contact A Criminal Defense Attorney Now

Being charged with a crime can be a life-altering event, especially for minors. One of the crimes that minors often find themselves facing is Driving Under the Influence (DUI) of alcohol. 

When it comes to an underage DWI case, every moment counts. Your opportunities for a successful DWI defense can vanish if you don't act quickly. Our experienced criminal defense lawyers at Cofer & Connelly, PLLC are committed to providing prompt, effective representation. Don't wait to secure the strongest possible defense.

Reach out to our Austin underage DWI attorneys immediately by calling (512) 991-0576 or by scheduling a timely consultation online.

What Constitutes Underage DWI?

In Texas, under Section 106.041(a), a minor is considered to have committed an offense if they operate a vehicle or watercraft with any alcohol in their system whatsoever. It's important to note that “any detectable amount” means that you don't have to be over the adult legal limit to be charged; even a small amount of alcohol can lead to a charge.

What Are the Penalties For a Minor Caught Drunking & Driving?

First Offense

According to Section 106.041(b), the offense is considered a Class C misdemeanor. Class C misdemeanors in Texas carry a fine up to $500.

Repeat Offenses

However, Section 106.041(c) states that if a minor has at least two prior convictions of this offense, the charge is escalated. In typical Class B misdemeanor cases, the minor could be fined anywhere from $500 to $2,000, face jail time of up to 180 days, or both.

License Suspension

Underage DWI can result in a license suspension of one-to-two years.

Community Service Requirements

Apart from the fine and possible jail time, Section 106.041(d) mandates community service for those convicted. For first-time offenders, community service will range from 20 to 40 hours. For those who have a previous conviction, the community service requirement is bumped up to between 40 and 60 hours.

Section 106.041(e) further states that the community service must be related to the education or prevention of alcohol misuse.

Restrictions On Deferred Disposition And Adjudication

Section 106.041(f) specifies that a minor who has been previously convicted at least twice is not eligible for deferred disposition or adjudication. This means that repeat offenders won't get a chance to avoid conviction by meeting certain conditions.

Specific Defenses For Minors Charged Under Texas Alcoholic Beverage Code Section 106.041

Questioning The Legality Of The Stop

One of the most common defenses revolves around the legality of the initial stop. According to the law, an officer must have a reasonable suspicion that a crime is being committed to stop a vehicle. If you can prove that the officer had no valid reason to stop you in the first place, then any evidence gathered during that stop may be inadmissible in court.

Challenging The Alcohol Detection Methods

The statute specifies that a minor commits an offense if they have “any detectable amount of alcohol” in their system. However, breathalyzers and other alcohol detection methods are not 100% accurate. You can challenge the reliability of the device used or question the officer's training in operating the device. Moreover, other substances or medical conditions might produce a false positive, which could be a valid defense.

Scrutinizing The Chain Of Custody

Once a sample (blood, breath, or otherwise) is taken for alcohol detection, it goes through a chain of custody. If there is any break in this chain, or if there's a possibility that the sample could have been contaminated or tampered with, this could cast doubt on the evidence.

Disputing The Public Place Element

Section 106.041(a) specifies that the minor must operate the motor vehicle “in a public place.” If you can establish that you were not in a public place as defined by Section 1.07 of the Texas Penal Code, then this could serve as a valid defense.

Lack Of Operation Or Control Of The Vehicle Or Watercraft

The law requires that you were “operating” the vehicle or watercraft. If you were merely sitting in a parked car or standing in a stationary boat, this could be a defense. You must be in “operation” of the vehicle or watercraft to be charged under this statute.

Affirmative Defenses

Texas does have some affirmative defenses, like necessity, which involves committing an offense to avoid imminent harm. While this is rarely used in DUI cases, it's worth mentioning. You would have to prove that you had no other choice but to drive under the influence to prevent immediate danger to yourself or others.

Previous Underage DWI Conviction And Deferred Adjudication

Section 106.041(h) considers previous adjudications and deferred dispositions as convictions for determining if an offense is a repeat offense. However, the details surrounding these previous matters could be scrutinized. If they were not properly conducted or if your rights were not adequately represented, they might not count as prior convictions, affecting the severity of your current charges.

Frequently Asked Questions About Underage DWI

What Is Considered “Any Detectable Amount” Of Alcohol?

This phrase means that any trace of alcohol found in the minor's system can lead to a charge under this law. Unlike the adult DUI standard, which usually involves a blood alcohol concentration (BAC) of 0.08% or higher, minors can be charged even if their BAC is below this threshold.

What Is A “Public Place”?

A “public place” as defined by Section 1.07 of the Texas Penal Code, refers to any location to which the public has access. This can include roads, highways, parking lots, and even some private properties if the public can enter them freely.

Can A Minor Go To Jail For The First Offense?

Typically, a first offense is classified as a Class C misdemeanor, which usually doesn't result in jail time but can include a fine of up to $500. However, if you're a minor with multiple previous convictions under this statute, jail time of up to 180 days is possible.

What Counts As Previous Convictions?

Adjudications and orders of deferred disposition for offenses are considered as previous convictions. In simple terms, if you were previously convicted or given deferred disposition under similar circumstances, it counts as a prior offense.

Is Deferred Adjudication Possible?

Section 106.041(f) explicitly states that if you've been convicted twice or more, you are not eligible for deferred adjudication or deferred disposition. However, if you're a first-time offender, these options may still be available to you.

What Is Deferred Adjudication Or Deferred Disposition?

Deferred adjudication or deferred disposition are alternative sentencing options where you may be given a set of conditions to meet (like community service or attending alcohol education classes). If you fulfill these conditions, the charges may be dropped or expunged from your record.

What Does “Watercraft” Mean?

“Watercraft” is defined by Section 49.01 of the Penal Code as any “device used for transportation by water.” This could mean anything from a small rowboat to a large yacht. If you're operating any of these while having any detectable amount of alcohol in your system, you can be charged under this statute.

What Are The Community Service Requirements?

Community service is mandatory for anyone convicted. For first-time offenders, it's between 20 to 40 hours. For repeat offenders, it's between 40 to 60 hours. The service must relate to alcohol misuse education or prevention as per Section 106.041(e).

Can I Fight The Charges?

Yes, you can. There are several defenses that could apply, such as questioning the legality of the stop or challenging the reliability of the alcohol detection methods used. Due to the complexity and the potential long-term impact of such charges, it's advisable to consult with a qualified legal team.

An Austin DUI Lawyer Can Help You Fight Underdage Drunk Driving Charges

Being charged with DWI as a minor (under the legal drinking age) under Texas law can have serious consequences, but several defenses may be applicable to your case. Given the technicalities involved and the high stakes, it's imperative to consult with a knowledgeable DWI attorney to explore these defenses fully. A skilled criminal defense attorney at Cofer & Connelly, PLLC can help you scrutinize the facts, question evidence, and steer you through the complexities of the Texas legal system.

Call us today at (512) 991-0576 or consult with us online for a thoughtful review of your case.