Regardless of a driver’s age, a DWI is regarded as a criminal offense that can have serious legal consequences. However, there are laws that specifically apply to underage drivers who are arrested for getting behind the wheel after consuming alcohol. To better understand the consequences when facing a driving while intoxicated charge, it’s crucial to consult an experienced DWI attorney. Below are some of the biggest distinctions between adult and underage DWIs.

How DWI Charges Differ for Adults & Minors in Texas 

Driving Under the Influence of Alcohol for Minors

Many people use the terms DWI and DUI interchangeably, but in Texas, there is a distinct difference between the two. The Texas Alcoholic Beverage Commission explains that an underage drinking and driving charge is referred to as a DUI, or Driving Under the Influence. The Texas Department of Public Safety clarifies that for minors, the state operates under a zero tolerance policy, meaning that if any alcohol is present in the underage person’s system, it is a criminal offense.

Driving While Intoxicated

The Texas Penal Code Section 49.01(2)(a) explains the definition of intoxication as “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; OR (b) having an alcohol concentration of .08 or more.” A DWI or Driving While Intoxicated charge is specific to having a higher level of alcohol in the driver’s system. It is possible for minors to be charged as adults with a DWI, and in these circumstances, it’s vital to have a skilled DWI attorney fighting to make sure the minor’s rights are upheld.

Potential Penalties 

DUI penalties are typically much lighter in comparison to those handed out for a DWI due to the offender’s age. Nonetheless, they can still have a long-lasting impact on a minor’s personal and professional future without the guidance of a DWI attorney. According to the Texas Department of Transportation, first-offense DWIs may be punished with jail time, a license suspension up to one year, and a $2,000 fine, with additional steep fees to retain a driver’s license for the next three years. DUIs for underage drivers are punishable by a 60-day license suspension, $500 fine, community service, and attendance of an alcohol awareness course, with more severe consequences for a blood or breath alcohol concentration of .08 or higher.

If your child has been arrested for underage drinking and driving, it’s imperative to seek counsel from a DWI attorney as soon as possible. Offering more than 20 years of experience, the legal team at Anderson Law Firm will provide your child with an effective defense that helps to preserve their rights and help avoid any ramifications that would create challenges in their future. They have been entrusted to represent numerous clients charged with DWI throughout East Texas and Southwest Arkansas. Call their Texarkana office at (903) 792-1229 to schedule a case review, or visit them online for more information about their criminal defense services.