Everyone knows that driving under the influence of drugs or alcohol is
a serious offense that law enforcement strictly enforce. However, what
happens when you’re arrested for this crime
and are below the legal drinking age of 21? These cases are different from
a typical DWI, and you probably have some pressing questions about what
you might be up against. Here are a few of the most frequently asked questions
and the answers from our Fort Worth DWI attorney.
I was under the legal limit; why was I arrested?
Texas is a zero-tolerance state when it comes to underage drinking, which
means the normal standard of 0.08% blood alcohol content does not apply
in these cases. Individuals who are under the age of 21 can still be found
guilty of this crime if a blood alcohol test reveals
any alcohol in their system above 0.00%.
Will I have to go to jail?
If you are found guilty, you may have to serve a jail sentence depending
on your age and how much alcohol was in your system. If you are under
21 and your blood alcohol is less than 0.08%, then you likely won’t
have to go to jail, but jail is a listed sentence for those over the age
of 17 and who have a blood alcohol content of 0.08% or greater—between
three and 180 days to be precise. Penalties increase significantly for
repeat offenders as well.
Will my license be suspended?
License suspension is a fairly common penalty for all types of DWI charges.
Those under the age of 21 with
any amount of alcohol in their system could face a license suspension for
up to 60 days and those with a BAC of 0.08% or greater could have their
license suspended for anywhere between 90 days and a full year if they
are convicted.
Will my case be tried in juvenile court or general criminal court?
If you’re between the ages of 18 and 21, you will still be charged
with underage DWI, but your case will be tried in general criminal court.
Those who are between the ages of ten and 17 will have their case tried
in juvenile court as a delinquent, which may or may not help your case.
Do I need an attorney?
It’s crucial you have high-quality counsel on your side in any underage
DWI case, regardless of your age, blood-alcohol content level, or other
circumstances. A quality attorney can put the available evidence to work
defending you and your rights to pursue the best possible outcome to your
case in an efficient and optimal manner.
If you’re facing DWI charges, call Jerry Loftin & Associates
for a case evaluation today by dialing {F:P:Site:Phone}!