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Texas law indicates that people under 21 caught driving with any detectable amount of alcohol in their bodies can be charged with DUI under the Traffic Code.
When the driver is of legal age and/or has a blood alcohol percentage of 0.08 or higher, they can face charges for driving while intoxicated or impaired (DWI). These offenses are handled under the Texas Penal Code, meaning they are more serious.
While a DUI is considered a Class C misdemeanor and only carries fines, license suspension, and community service, persons charged with DWI are subject to prison sentences.
However, in both cases, experienced attorneys can help drivers reduce their sentences or punishments.
Reducing Potential DUI Penalties for Minors
The severity of the penalties for a DUI conviction typically varies based on the minor's age and driving record. However, punishments range from 20 to 60 hours of community service, $500 fines, 60-day to two-year license suspension, and alcohol education classes.
When the minor commits a third offense, Texas law classifies the DUI as more serious and often criminal misconduct. However, the penalties do not usually include jail confinement.
What Can a Lawyer Do for Minors Accused of DUI?
An experienced DUI lawyer in Tarrant County TX can fight for a minor's legal rights and try to reduce license suspension.
In some cases, attorneys and courts decide to reduce the license suspension and opt for community supervision. Therefore, they install an ignition interlock device that prevents a car from starting if the driver previously consumed alcohol.
Minors charged with DUI may also request an administrative license revocation hearing within 15 days. Through this process, offenders can challenge the license suspension if they can prove that the officers did not have probable cause to stop the driver or abuse authority.
Reducing DWI Charges for Minors and Adults
According to Texas Penal Code's Section 49.04, a first DWI offense is a class B misdemeanor. In these cases, individuals can face up to 180 days in jail, fines of up to $2,000, and license suspensions of up to one year.
However, the punishments can be more serious depending on some factors. If the driver had a blood alcohol concentration greater than .15, the DWI charge could be considered a Class A misdemeanor, which carries jail terms of up to one year, fines of up to $4,000, and a license suspension of up to two years.
The charges' severity could increase even more if the driver was carrying a child. If this occurs, the conviction can result in two years in prison and up to $10,000 in fines.
However, an experienced legal team can reduce or dismiss a DWI charge. Some factors in drivers' favor include refusing to submit to blood or breathalyzer tests, having no previous DWI or DUI convictions, and being respectful during interactions with officers.
Why Should DUI/DWI Drivers Reduce Convictions?
Adults and minors with a blood alcohol concentration greater than .08 can be charged with more serious DWI offenses. If this happens, the penalties for the conviction can negatively impact their lives and even land them behind bars.
A DUI/DWI conviction can affect a person's ability to find a new job, obtain affordable car insurance in the future, or even rent or buy a new home. They may have to obtain an SR-22 in Texas after a DUI and it could hinder one's ability to get a Class A license with a DUI. In addition, they must also face costly fines and legal proceedings.
Fortunately, a reliable attorney can build a strong defense to reduce or eliminate the charges and minimize their potential harm.
What Charges Could a DUI/DWI Conviction Be Reduced To?
Prosecutors may offer reduced charges with less severe penalties or accept other alternatives if the driver's legal team manages to prove errors in the case. The most common are:
Reckless driving
Obstruction of a passageway
Public Intoxication
What Sparks Law Firm Can Do for DUI/DWI Drivers
An experienced legal team can demonstrate errors in the process, violation of legal rights by the police, or problems with the chemical tests to negotiate a lesser charge or dismiss the case.
At Sparks Law Firm, there's a team of experienced DUI/DWI lawyers who will examine the evidence closely, looking for any police or technical errors to help drivers reduce charges' impact on their future and well-being.
Anyone who needs help reducing a DUI/DWI conviction can contact us and get a free consultation today!
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