Austin Underage DWI Attorney

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.

How Our Underage DWI Attorney Can Help You

We can guide you through every stage of the legal process. We provide:

• Thorough investigation of the arrest and police procedures
• Challenges to evidence, including breathalyzer and field sobriety test results
• Strong defense strategies to minimize or dismiss charges
• Representation in court and at license suspension hearings
• Negotiation with prosecutors for reduced penalties or alternative sentencing
• Support and guidance to help protect your child’s driving privileges and future opportunities

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.

Contact Our Austin Underage DWI Attorney Today

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 our Austin underage DWI lawyer today at (512) 991-0576 or consult with us online for a thoughtful review of your case.