San Antonio Underage DWI Defense Attorney

Protecting Your Child’s Future

Getting charged with driving while intoxicated (DWI) is a serious offense for anyone, but when the driver is underage, the consequences can be severe. Texas has a “zero tolerance” policy when it comes to minors and drinking and driving. This means that if a minor has any detectable amount of alcohol in his or her system, he or she can be charged with a DWI.

If your child has been accused of driving while intoxicated, he or she is facing serious consequences that can affect his or her future. You need an experienced San Antonio underage DWI lawyer to help your child fight the charges.

At The Law Offices of Dr. E.R. Baez, P.C., we understand what your child is up against. We have been helping individuals in San Antonio and the surrounding areas with their criminal cases for over 20 years. Attorney Baez is prepared to aggressively defend your child’s rights and fight to get the charges against him or her reduced or dismissed altogether.

If your child has been charged with an underage DWI, do not wait to get legal help. Contact our office today at (210) 901-5236 for a free consultation with our San Antonio underage DUI lawyer.

What Is Considered a DWI for a Minor?

In Texas, it is illegal for a person under the age of 21 to consume alcohol. This means that if a minor is pulled over and any trace of alcohol is found in his or her system, he or she can be charged with a DWI. This is known as the “zero tolerance” law. The legal limit for an adult in Texas is a blood alcohol concentration (BAC) of 0.08%. For a minor, the legal limit is a BAC of 0.00%. This means that even if a minor has a BAC of 0.01%, he or she can be charged with a DWI.

What Are the Penalties for Underage DWI in Texas?

The penalties for an underage DWI in Texas are severe. If your child is convicted of driving while intoxicated, he or she will face a suspended license and have a DWI on his or her criminal record. This can make it difficult to get a job, get into college, or find a place to live. It is crucial that you get legal help right away to help your child fight the charges.

The following are the legal penalties for an underage DWI in Texas:

• First offense: A minor under the age of 17 who is caught driving while intoxicated for the first time will have his or her driver’s license suspended for 60-180 days. In addition, he or she will have to pay up to $500 in fines and will have to complete 20 to 40 hours of community service. He or she may also be required to attend an alcohol education program. If the minor was over the age of 17, penalties become more severe. The fine increases to $2,000, 72 hours to 180 day in jail, one-year license suspension.
• Second offense: A minor who is caught driving while intoxicated for the second time will have his or her driver’s license suspended for 120 days to 2 years if they are under 17 and 180 days to 18 months if they are over the age of 17. In addition, he or she will have to pay up to $500 in fines if they are younger than 17, or $4,000 if they are older than 17. And though minors under 17 will have to complete up to 60 hours of community service, minors aged 17-20 face jail time of up to a year. He or she may also be required to attend an alcohol education program.
• Subsequent offenses: If a minor is caught driving while intoxicated for the third or subsequent time, he or she will have his or her driver’s license suspended for 180 days to 2 years. In addition, he or she will have to pay up to $10,000 in fines and will have to face between two to ten years of jail time.

How to Fight Underage DWI Charges

Being charged with a DWI does not automatically mean that your child will be convicted. The prosecution has the burden of proving that your child was driving while intoxicated beyond a reasonable doubt. This is not an easy task. There are many ways that our San Antonio underage DUI attorney can challenge the evidence against your child and fight to get the charges against him or her reduced or dismissed.

Some possible defenses to an underage DWI charge include:

• Lack of probable cause: The police must have had probable cause to pull your child over in the first place. If they did not, any evidence that was collected during the stop may be deemed inadmissible.
• Improper administration of a breath test: If the officer who administered the breath test did not do so correctly, the results may be inaccurate and therefore inadmissible in court.
• Improper handling of blood or urine samples: If your child’s blood or urine sample was not stored or transported correctly, the results may be inaccurate and therefore inadmissible in court.
• Medical condition: Certain medical conditions can cause a breathalyzer to give inaccurate readings. If your child suffers from a condition that can cause this, we can challenge the results of the breath test.

These are just a few examples of how we can fight the charges against your child. Every case is different, and we will thoroughly review the evidence against your child to determine the best defense strategy. Our goal is to get the charges against your child reduced or dismissed so that he or she can move on with his or her life.

Experienced Legal Representation in San Antonio

If your child has been charged with a DWI, you are likely feeling scared and overwhelmed. The good news is that you do not have to face this difficult situation alone. At The Law Offices of Dr. E.R. Baez, P.C., we are committed to providing the aggressive legal representation your child needs to obtain a favorable outcome. Our San Antonio underage DUI lawyer will work tirelessly to protect your child’s rights and future.