Houston Underage DUI Lawyer

Houston Underage DUI Attorney

Houston is one of the biggest cities in the U.S., and with so many residents, the Houston Police Department (HPD) takes impaired driving seriously. When the driver is over 21, driving with a high blood alcohol concentration can lead to criminal charges, but for drivers under the legal drinking age, driving with any amount of alcohol in their system is against the law. A trusted Houston underage DUI lawyer at the Law Office of Joseph Ruiz, PLLC, can help.

Zero Tolerance for Underage DUI

Texas has strict laws regarding underage drivers and alcohol use. While a driver over 21 can have a small amount of alcohol in their system–less than 0.08% blood alcohol concentration (BAC)–drivers under 21 are not allowed to have any alcohol or drugs in their system while driving. If they do, they can be charged with DUI or driving under the influence of an impairing substance. Even some non-driving offenses related to alcohol can impact underage drivers, such as:

• Buying or trying to buy alcohol
• Lying about age to obtain alcohol
• Using false documents or a fake ID to get alcohol
• Possessing or consuming alcohol
• Being intoxicated in public

Any of these charges can lead to a suspended driver’s license. A DUI can also result in a $500 fine, participation in a court-ordered alcohol education program, or, in some cases, community service. A DUI charge in Texas is generally punished less severely than a DWI, the charge for having a high BAC while driving, and multiple DUIs can lead to increasingly harsh penalties. If the driver is over 16, they can also receive a sentence that includes jail time.

Underage DUI in Houston

Texas takes DUI and DWI so seriously because it has one of the highest impaired driving rates of any U.S. state. There are about 340 impaired driving arrests per 100,000 drivers in Texas. That, combined with some of the most traveled and dangerous roads in the U.S., such as I-45, resulted in around 1,090 alcohol-related deaths. In Houston specifically, the most recent data shows 2,098 crashes related to alcohol and 88 deaths in 2023.

How to Win an Underage DUI Case

In a DUI, a successful outcome means a dismissal or reduction of the charges or receiving a not-guilty verdict in a trial. While there is no one way to guarantee a win, there are several approaches that can maximize the chance of a favorable result. These vary depending on the facts of each case, but common legal strategies include:

• Challenge the test results – Testing methods are not perfect. Chemical testing equipment has to be properly maintained, calibrated, and operated to achieve optimal results. Field sobriety tests are relatively subjective and can be affected by anxiety, fatigue, illness, and other physical issues unrelated to alcohol. Especially if the BAC is low, a skilled DUI attorney can question the validity of the test results.
• The actions of law enforcement – Every person has certain rights under the U.S. Constitution, and law enforcement’s actions are dictated by those rights. Officers have to follow strict protocols that include having probable cause to stop a vehicle, explaining Miranda rights and the consequences of refusing a test, administering tests properly, and more. If these protocols are not followed, any resulting evidence may be inadmissible.
• Negotiate with prosecution – In some cases, a qualified attorney may be able to negotiate a complete dismissal or deferral of charges based on completing community service or alcohol education classes, especially if this is the first charge. When that isn’t an option, your lawyer may be able to negotiate a lesser charge, like minor in possession, public intoxication, or a traffic violation, which will not have the same impact on background checks.
• Focus on mitigating factors – Some factors may increase the chance of successful reduction or dismissal of charges. These include a low BAC such as 0.01%-0.02%, no prior history of DUI or other alcohol-related offenses, the defendant accepting responsibility, and status as a juvenile for drivers under 17.

FAQs About Houston, TX Underage DUI Laws

What Happens if You Get a DUI Under 21 in Houston?

If you get a DUI and you are under 21 years old in Houston, what happens as a result of the conviction can vary. In some first-time cases, especially with other mitigating factors, the prosecutor may be inclined to reduce or defer charges. However, a conviction may lead to fines, a suspension of driving privileges, and other penalties. A knowledgeable Houston underage DUI lawyer can give you more information about the possible outcomes in your specific case.

How Much Does a DUI Lawyer Cost in Houston?

The cost of hiring a DUI lawyer in Houston depends on the details of the case. Criminal defense attorneys typically charge based on how much time they have to spend on a case, so cases that are more complicated or those that have to go to trial generally have higher legal fees. In addition, there may be court costs, fees, and other expenses for research, expert witnesses, or other professional services.

How Do I Fight a DUI Without a Lawyer?

Fighting a DUI without a lawyer is difficult, but the process is the same. You need to have a strong understanding of the laws and penalties, evaluate the evidence and build a defense, request and attend a hearing, file motions, and represent yourself with the prosecutor. You are expected to know and understand the laws and court procedures, and court officers and employees at the Harris County Criminal Justice Center cannot provide legal advice.

Is Jail Time Mandatory for the First DUI in Texas?

Jail time is not mandatory for a first DUI in Texas. Underage DUI is a misdemeanor, and without other aggravating factors, jail time is not usually a penalty. Jail time may be an option for more serious cases, subsequent offenses, or violating court orders, such as mandatory alcohol awareness classes. Jail time is, however, mandatory in first time DWI cases where the BAC is over the legal limit.

The Legal Defense You Need

At the Law Office of Joseph Ruiz, PLLC, we represent clients facing underage DUI allegations in Houston and the surrounding area. Contact our office today for an initial consultation.