Conroe Underage DWI Defense Lawyer

Texas Implied Consent Law

Under Texas implied consent law, if you applied for and received a Texas driver’s license, you agreed to take a breath or blood alcohol test if arrested for DWI, DUI, or other alcohol-related driving offense. The implied consent law applies to minors.

Can a Minor Refuse a Blood or Breath Alcohol Test?

A minor can refuse to take the test. There are consequences to refusing to take the test. The government attorney can use the minor’s refusal against them during their trial.

Further, DPS may suspend the minor’s driver’s license longer than if they had taken the test. Regardless of these potential consequences giving a breath or blood test essentially gives the government more evidence to attempt to convict a citizen of DUI or DWI.

What Is a DUI in Texas?

In Texas, a minor can be charged with a DUI if he or she operates a motor vehicle in a public place while having any detectable amount of alcohol in his or her system.

What Is the Difference Between a DWI and a DUI in Texas?

There are two primary differences between DUI and DWI.

1. Only minors can be charged with DUI. A citizen over 21 years of age does not meet the definition of a minor and therefore cannot be charged with a DUI.
2. DUI only requires a minor have any detectable amount of alcohol in their system. The minor does not have to show a blood alcohol concentration of .08 percent or greater, or impaired abilities as in a DWI case.

A police officer will ticket or arrest a minor for driving under the influence if they have any amount of alcohol in their system. However, if the minor has greater than .08 percent blood alcohol content or have impaired mental or physical abilities, the minor will be charged with the more serious DWI offence.

Is a Minor Entitled to an ALR Hearing for DWI or DUI?

A minor is entitled to an ALR hearing. The minor must request the hearing within 15 days of receiving written notice or their license will be automatically suspended.

What is the Government’s Burden of Proof at the ALR Hearing?

In a Breath/Blood Alcohol Test Refusal Case, the State must prove by a preponderance of the evidence that:

• The law enforcement officer had reasonable suspicion to stop the minor or probable cause to arrest the minor
• The law enforcement officer had probable cause that the minor operated a motor vehicle in a public place while intoxicated or operating a watercraft powered with an engine having a manufacturer’s rating of 50 horsepower or above while intoxicated
• The minor was placed under arrest and the law enforcement officer offered the minor an opportunity to provide a specimen of breath or blood under the provisions of Tex. Trans. Code Ann. Ch. 724
• The minor refused to provide a specimen on request of the officer

In a Breath/Blood Alcohol Test Failure Case, the State must prove by a preponderance of the evidence that:

• The minor had an alcohol concentration of a level specified in Section 49.01 Texas Penal Code, while operating a motor vehicle in a public place
• The law enforcement officer had reasonable suspicion to stop the minor, or probable cause to arrest or take the minor into custody

The State may also use the DUI standards to suspend a minor’s driver’s license.

In those cases, the State must prove by a preponderance of the evidence that:

• The defendant was a minor and had any detectable amount of alcohol in his/her system while operating a motor vehicle in a public place
• Reasonable suspicion to stop the minor or probable cause to arrest or take the minor into custody existed

What Are the Lengths of Suspension for a Minor’s Driver’s License?

If the minor refused to provide a specimen following an arrest for an offense prohibiting the operation of a motor vehicle or watercraft while intoxicated, while under the influence of alcohol, or while under the influence of a controlled substance, the suspensions are as follows:

180-day suspension for the first offense, and a 2-year suspension if the defendant previously failed or refused a specimen test or previously suspended for a DWI, Intoxication Assault or Intoxication Manslaughter conviction during the 10 years preceding the date of arrest.

If the minor provided a blood or breath specimen with an alcohol concentration of 0.08 percent (or any detectable amount of alcohol), or was not requested to provide a specimen following an arrest for an offense under Section 106.041 Alcoholic Beverage Code or Sections 49.04, 49.07, or 49.08, Penal Code, involving the operation of a motor vehicle, the suspensions are as follows:

60-day suspension for a first offense, and a 120-day suspension if the defendant was previously convicted of an offense under Section 106.041, Alcoholic Beverage Code or Sections 49.04, 49.07, or 49.08 Penal Code, involving the operation of a motor vehicle.

180-day suspension if the defendant previously convicted twice or more of an offense under Section 106.041 Alcoholic Beverage Code or Sections 49.04, 49.07, or 49.08, Penal Code, involving the operation of a motor vehicle.

Other Alcohol-Related Offenses for Minors

A minor commits an offense if he or she operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor's system. DUI is a Class C Misdemeanor.

Possession of Alcohol by a Minor

It is not an offense for a minor to possess an alcoholic beverage:

• While in the course and scope of the minor's employment if the minor is an employee of a licensee or permittee and the employment is not prohibited by Texas law
• If the minor is in the visible presence of his or her adult parent, guardian, or spouse, or other adult to whom the minor has been committed by a court
• If the minor is under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of the Alcohol and Beverage Code

Consumption of Alcohol by a Minor

If a minor consumes an alcoholic beverage, it is a Class C Misdemeanor unless the minor consumed the alcoholic beverage in the visible presence of the minor's adult parent, guardian, or spouse.

Public Intoxication

A minor commits an offense if the minor appears in a public place while intoxicated to the degree that the minor may endanger himself or another person.

Purchase of Alcohol by a Minor

A minor commits an offense if the minor purchases an alcoholic beverage. A minor does not commit an offense if the minor purchases an alcoholic beverage under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of the Alcoholic Beverage Code.

Attempt to Purchase Alcohol by a Minor

A minor commits this offense if, with specific intent to commit to purchase an alcoholic beverage, the minor commits an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended.

Misrepresentation of Age by a Minor

A minor commits an offense if he falsely states that he is 21 years of age or older or presents any document that indicates he is 21 years of age or older to a person engaged in selling or serving alcoholic beverages.

Punishment for Alcohol-Related Offenses by Minors (other than DWI)

First Offense

• Fine up to $500
• 8-12 hours Community Service
• Driver’s License Suspension for 30 days
• Completion of an Alcohol Awareness Course

Second Offense

• Fine up to $500
• 20-40 hours Community Service
• Driver’s License Suspension for 60 days
• Completion of an Alcohol Awareness Course

Third Offense

• Fine of $250 to $2000
• Up to 180 days in jail
• Driver’s License Suspension for 180 days

DUI Expungement for Minors in Conroe

First Offense

A minor is eligible for deferred disposition. If the minor completes the deferred disposition successfully, the conviction may be expunged once the minor turns 21 years of age so long as the minor has no other convictions of the Alcoholic Beverage Code.

Second Offense or More

The conviction may not be expunged from the minor’s record.

Hire a Conroe DUI Attorney

If you are a minor who has been charged with an intoxication offense, or if you are a parent who has a child that has been charged with DWI or DUI in Conroe, you should act immediately and call an attorney who can begin handling your case with professionalism and the personalized attention you deserve.

Contact Conroe DUI attorney Doug Atkinson to discuss a case involving underage drinking and driving or DUI by a minor. Call (936) 681-0031 now.