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Underage DWI Austin Trial Lawyers

Austin Underage DWI Lawyers

Defending Against Underage DWI Charges in Travis County

In typical driving while under the influence (DWI) cases, there is some leeway in how cops determine if someone is intoxicated; however, with underage drivers, there is no such thing. Understanding the specifics of underage DWI laws in Texas is crucial for minors and their families.

At Smith & Vinson Law Firm, we understand the nuances of defending against an underage DWI charge. Contact our team today at (512) 359-3743 to schedule a free consultation.

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Definition of Underage DWI

Zero Tolerance Policy

As stated on the Texas Department of Transportation website, it is illegal for anyone under the age of 21 to drive with any detectable amount of alcohol in their system. This zero-tolerance policy means that if an officer uses a breathalyzer test to gauge an underage person’s blood alcohol content (BAC) and it is over 0.00%, the officer can arrest the minor for an underage DWI.

Legal Implications

Underage DWI, often referred to as DUI (driving under the influence) in the case of minors, has strict enforcement policies due to the zero-tolerance stance. This is meant to discourage underage drinking and driving by imposing immediate and severe consequences for any alcohol consumption.

Penalties of an Underage DWI

Class C Misdemeanor

An underage DWI is typically classified as a Texas Class C misdemeanor for a first offense. The penalties for this level of misdemeanor can include:

  • Not Guilty DWI .17 Blood Result

    A soldier on base at Fort Hood hit a parked car in the parking lot of his barracks while attempting to back into a parking space. A bystander called 911, believing the driver to be drunk. Military Police investigated the incident and performed field sobriety tests. The soldier was arrested for DWI and his blood was drawn for analysis. The lab results came back, showing an alleged blood alcohol content of 0.178.

  • Case Dismissed DWI

    Our client left 6th Street at 2:00 AM after celebrating an anniversary and fell asleep at the wheel. He was arrested for DWI at 4:30 AM and blew a .138 on the breathalyzer.

  • Motion to Suppress Granted During Trial DWI .11 Blood Warrant

    This was the 2nd jury trial for this case. First one was a 4-2 hung jury for not guilty. This trial ended in a dismissal by the State mid-trial after we fought and won a motion to suppress. Client and his wife pulled off on the side of the road sleeping in truck with engine running. Client in driver seat with seat laid way back. Officers say they smelled odor of alcohol coming from vehicle but didn’t specify who in the car it was coming from.

  • NOT GUILTY DWI

    911 caller reported our client passed out in the middle of an intersection. Police arrived on scene, and would later find meth, cocaine, and THC gummies inside the car. There were also two open containers of alcohol in the front console. Client was very groggy and unintelligible but woke up pretty quickly after officers arrived. According to the officers, the client failed the field sobriety test. But, of course, they always say this.

  • Pre-Trial Diversion DWI Voluntary Blood Draw

    Our Client was pulled over and investigated for DWI. He was asked to perform Standard Field Sobriety Tests and subjected to an eye movement test. He also voluntarily provided a blood sample to be tested. The results were twice the legal limit. Our client has a prior felony conviction. The State waited a full 2 years after the incident and right before the deadline of the statute of limitations were to expire to file the charges against our Client.

  • Case Dismissed DWI

    Our client was stopped by a police officer for driving the wrong way down a one-way street. A Blood Warrant was issued, and the test came back .09. Our client was new to the area and attempting to get a job. Pleading guilty to a DWI was not an option. After negotiating with the prosecutor, our firm was able to get the DWI charge dismissed after successful completion of 18 months deferred prosecution.

  • Not Guilty DWI .24 Blood Warrant

    Our client, an older male working professional, was stopped for a traffic violation while leaving downtown Round Rock. A major issue arose with the blood analysis conducted by a DPS analyst who had a prior disciplinary history.

  • Probation (was looking at 25 to life in prison) Felony DWI

    Our client was arrested and charged with DWI. The alleged BAC was 0.083. However, because he had 6 prior DWI’s and had previously been to prison multiple times, the client was facing 25 years to life in prison. The client accepted responsibility for the crime and our attorneys set this case for a sentencing hearing in front of the judge, where we put on a strong mitigation case with multiple witnesses. We were able to avoid prison or jail for the client. He was sentenced to probation.

  • Not Guilty 2nd DWI

    911 caller reported a major rollover, single car accident. EMS and fire arrived on scene. They had to break the window to get our client out of the car. He said he had swerved to miss a deer and had been up close to 18 hours before the crash. Police later arrived on scene, spoke to our client and he admitted to coming from a bar and drinking 2 martinis.

  • Case Dismissed Felony DWI w/ Child Passenger

    After spending Thanksgiving Day with her family, our client drove home with her daughter in the backseat of her car. She was pulled over for speeding and given a warning. At that point, she should have been free to leave. Instead, a backup officer arrived on scene and demanded that the client step out of the car so he could perform an “investigation.”

  • Case Dismissed; Charges Reduced Felony DWI

    Our client was arrested for her fourth DWI with an alleged BAC of 0.168. The State aggressively prosecuted this case and sought prison time. We were able to work with the client on a mitigation strategy that resulted in the State agreeing to drop the felony and offer probation on a misdemeanor, keeping the client out of jail.

  • Case Dismissed DWI

    Our client, a veteran, fell asleep at the wheel and was involved in an accident. He was arrested for DWI and refused to give a breath or blood sample to the police. He came to us concerned that a DWI conviction would put an end to his military benefits. We received a plea offer for a DWI conviction with 15 months of probation, but we knew we could do better.

  • Case Dismissed/Charges Reduced DWI With Child Passenger - Felony
  • Case Dismissed DWI

    Our client was charged with a DWI in Waco when he was caught crossing through a ditch to get to a frontage road during traffic. He admitted to having three drinks and performed SFSTs. However, he refused to provide breath or blood to the officers.

  • Case Dismissed Intoxication Assault

    Our client had allegedly been drinking with friends after work. He woke up in the hospital after an accident that severely injured another person. We fought for our client in our negotiations with the prosecutor on his felony Intoxicated Assault charge and worked with the injured party’s insurance company on a plan to compensate her for her injuries. The felony was ultimately dismissed and reduced to a misdemeanor DWI charge.

  • Case Dismissed DWI

    Our client was pulled over for failure to signal intent to turn. The arresting officer claimed the vehicle accelerated at a high rate of speed (67 MPH in a 30 MPH zone) resulting in a chase. When our client stopped, the officer noted the smell of alcohol on our client’s breath.

  • Case Dismissed 2nd DWI

    Our client was involved in a vehicle accident in La Grange where she was ejected from the vehicle and had to stay in the hospital. There was alcohol in the car, and she had prior DWIs. The ethanol levels in her blood came back at a .13 so she was charged with Driving While Intoxicated. This client was unaware that she was charged after she left the hospital which resulted in the charge of Bail Jumping. However she maintained that she had only an 8% functioning liver due and upon researching her medical hist

  • Motion to Suppress Granted; Case Dismissed DWI 2nd .209
  • Not Guilty 2nd DWI

    Our client was pulled over for a traffic violation. Officer smelled alcohol, client admitted to consuming a few drinks. Officer also noted slurred speech and bloodshot eyes. Client performed the SFST’s (roadside tests). Officer said he failed all 3, eye test, walk and turn and one-leg stand. Officer placed client under arrest and asked him for a sample of breath and/or blood. Client refused. Officer did not get a blood warrant.

  • Case Dismissed DWI

    Our client was stopped for a headlight that had gone out and was then arrested for and charged with DWI. He consented to a breath test and blew a .11. Upon reviewing the dash cam video, we discovered that the field sobriety tests were performed off camera. We knew that the video would not be usable in trial and used this information to pressure the prosecutor during our negotiations.

  • Not Guilty DWI .22 Blood Warrant

    This was the 2nd time we tried this case. First one ended in a mistrial last year. 911 caller reported 2 people leaving a restaurant belligerent and stumbling. Officer arrived on scene, conducted field sobriety tests and arrested client for DWI. Client refused to provide a sample. Warrant was obtained and blood came back a .22.

  • Pre-Trial Diversion DWI Voluntary Blood Draw

    Our Client was pulled over and investigated for DWI. He was asked to perform Standard Field Sobriety Tests and subjected to an eye movement test. He also voluntarily provided a blood sample to be tested. The results were twice the legal limit.

FAQ's About Underage DWI Charges

Facing an underage DWI charge can be confusing and overwhelming. To help you navigate this challenging situation, we’ve compiled a list of frequently asked questions that cover essential aspects of underage DWI laws in Texas.

  • If you are stopped by law enforcement, it’s important to remain calm and respectful. You have the right to remain silent and decline to answer questions without a lawyer present. Always comply with requests for identification, and remember that you can contact an attorney immediately.

  • In Texas, you can refuse a breathalyzer test; however, this may result in an automatic license suspension. It’s crucial to understand the potential consequences of refusal, and our legal team can guide you through these decisions.
  • An experienced attorney can analyze the specifics of your case, identify potential defenses, negotiate plea deals, and represent you in court. With our team at Smith & Vinson, you’ll have a dedicated advocate working to protect your rights and future.
  • A conviction can have lasting repercussions, including difficulty obtaining employment, challenges with college admissions, and increased insurance rates. Our firm is committed to helping you minimize these impacts and explore options for expungement in the future.

    For more personalized answers and support, don’t hesitate to reach out to us. We’re here to help you understand your rights and navigate the legal process effectively.

    My experience with this law firm was fantastic
    “From the first call to the last, they stayed in communication with me and let me know every step of the way. The attorneys at this office and the support staff got my case dismissed with no problems. If you find yourself in a situation, I highly recommend calling this firm.!”
    - Lyndsey O.
    Great defense lawyers.
    “Very professional and efficient throughout my entire case. They took my situation seriously, explained every step, and made sure I felt supported. You can tell they’ve handled serious cases in Travis County before.”
    - Destiny E.
    This law firm is top notch!
    “Very dedicated & professional! I always knew where things stood in my case at ALL TIMES and I received the outcome that I needed nobody is going to fight harder for you! Thanks again Charlie Falck and Annie Mann you guys are genuinely the best :)”
    - Taylor T.
    Smith and Vinson were incredibly helpful when I needed legal advice.
    “They didn’t waste time, explained everything clearly, and were super prepared. If you need a criminal defense lawyer in Austin, this is a firm you can trust!”
    - Keira C.
    Outstanding service from start to finish!!
    “I can't thank this firm enough! Brad Vinson is a top-notch attorney who fights relentlessly to get cases dismissed. His dedication and expertise truly set him apart.”
    - Iayni M.
    It’s clear they care about the people they work with, not just the legal outcome.
    “I’ve worked with a few law offices over the years, but Smith and Vinson made the biggest impression. From the first time I heard and met with them, they were professional, kind, and genuinely attentive.”
    - Thomas A.
    If you’re in Travis County and facing charges, I’d absolutely recommend giving this firm a call.
    “Brad really takes the time to get to know your situation. He was sharp, respectful, and didn’t sugarcoat anything.”
    - Kayla S.
    They exceeded all my expectations with their professionalism, compassion, and dedication.
    “The entire staff was incredibly helpful, responsive, and made me feel supported every step of the way. I’m truly grateful for their expertise and care, they made a stressful situation so much easier to navigate.”
    - Cielo J. R.
    The level of professionalism, expertise, and care I received was spectacular.
    “From our very first consultation, Charlie took the time to truly understand my situation, explain my options clearly, and guide me every step of the way. I highly recommend him and his staff.”
    - Didi C.

How Our Experienced Austin Underage DWI Attorneys Can Help

Don't face underage DWI charges alone. Our skilled attorneys are here to help you navigate the legal system and achieve the best possible outcome for your case. Protect your future by securing expert legal representation from our dedicated team.

Contact Smith & Vinson Law Firm today at (512) 359-3743 or contact us online to schedule a free consultation with our experienced Austin underage DWI lawyers.

  • National College of DUI Defense
  • DUI Defense Lawyers Association
  • AVVO Brad
  • AVVO Jarrod
  • The College of the State Bar of Texas
  • National Trial Lawyers

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