Your child may be at stake.

Many parents are in favor of tougher laws concerning minors and alcohol until their child is contacted by a police officer. It is at that time they realize just how strict the law is, and in reality, how the law can treat their child unfairly.

I cannot stress this enough. If your child is facing a charge for an alcohol-related offense, please obtain proper representation from a qualified Texas DWI Lawyer.

The following are the most common questions pertaining specifically to minors. Please read these questions & answers, and educate all your children (hopefully in advance of being in trouble) of just how easy it is for them to get in trouble if they decide to drink alcohol before they are 21.

If your question is not answered below, please contact Douglas Wilder, your Dallas DWI Lawyer.

Are there different DWI laws for minors?

Yes. Minors between the ages of 18-20 may be charged and prosecuted under the adult DWI laws, but the law is very different for minors. Unlike adult laws that require a driver to be legally intoxicated, a minor need only drive while under the influence of alcohol (DUI) to be convicted. The law states that a minor commits an offense if he drives a car in a public place with any detectable amount of alcohol in the minors system. Simply put, if their breath smells of booze, that is a detectable amount, regardless of the alcohol concentration in their body (i.e. All the alcohol has left your body but your breath stills smells of booze).

Don't take chances with your child's future. Be sure you have the best possible representation to protect your child against the Texas Courts. Contact Douglas Wilder, your Texas DWI attorney today.

	Suspension of your driving privileges for not less than 120 days if this is the first arrest for an alcohol related driving offense. If the minor was arrested but does not have a driver license, the state will not issue a driver license for 120 days
	A 240-day suspension of driving privilege if the minor's record reflects one or more drug or alcohol related offenses during the 5-year period preceding the arrest.

Don't take chances with your child's future. Be sure you have the best possible representation to protect your child against the Texas Courts. Contact Douglas Wilder, your Texas DWI attorney today.

What if a minor takes a breath test and it shows less than .08?

If a minor has any detectable amount of alcohol in their system, their driving privilege will be suspended for not less than 60 days. It is important to understand that the odor of alcohol on a minor's breath is enough to prove a detectible amount of alcohol in a minor's system. Further, any test result can be admissible in a subsequent criminal prosecution for DWI or DUI.

Don't take chances with your child's future. Be sure you have the best possible representation to protect your child against the Texas Courts. Contact Douglas Wilder, your Texas DWI attorney today.

Does a DWI conviction affect a minor's (anyone under 21) driving privilege?

If convicted and probation is granted, the Judge is required to suspend the person's driver license for 90 days and require an ignition interlock as a condition of probation. If the Judge orders this, DPS cannot suspend the driver's license for a 1 year. If convicted and the Judge does not order the 90 days suspension, DPS will automatically suspend the driver's license for 1 year.

Don't take chances with your child's future. Be sure you have the best possible representation to protect your child against the Texas Courts. Contact Douglas Wilder, your Texas DWI attorney today.

Can a juvenile minor go to jail for an alcohol related driving offense?

Yes. The law classifies a first offense DUI and other alcohol related driving offenses as delinquent conduct indicating a need for supervision. This means that a juvenile convicted of a first offense DUI can be placed on probation or committed to the Texas Youth Commission for confinement. A minor between 18-20 can be sentenced up to 180 days in jail on the third conviction for DUI or the first conviction for DWI. However, a police officer who charges a minor with DUI is not required to arrest them. They may issue a citation with a court summons.

Don't take chances with your child's future. Be sure you have the best possible representation to protect your child against the Texas Courts. Contact Douglas Wilder, your Texas DWI attorney today.

What are the penalties for DUI and minors?

In addition to the suspension of your driving privilege, the following penalties apply:

First DUI: Class C Misdemeanor. If a minor is under 18, the court requires the parents or guardian to be present at every court appearance, regardless of if the minor has a lawyer or not. The court can compel their presence. If convicted, a minor can be fined and will be required to complete between 20-40 hours of community service related to education or prevention of misuse of alcohol. The minor will also have to attend an alcohol awareness program within 90 days. If the minor is under 18, the court may require the parent or guardian to attend this program with the minor. If the minor fails to complete this course within 90 days, the court may suspend the license for an additional 6 months. For a first offense, the minor may receive deferred adjudication for DUI, although it will be considered a conviction. If this is the only offense the minor receives, he is entitled to have it expunged from his record after his 21st birthday.

Second DUI: Class C Misdemeanor. All penalties are the same with 2 exceptions. First, the number of community service hours is increased to 40-60 hours. Second, and more importantly, a second, or any subsequent conviction may not be expunged from a minor's record, but the minor still may receive deferred adjudication.

Third DUI: Class B Misdemeanor. Deferred adjudication is not available now. If the minor is between 18-20 at the time of the 3rd offense, they face confinement in jail up to 180 days and/or between $500-$2,000 fine in addition to the license suspension.

Don't take chances with your child's future. Be sure you have the best possible representation to protect your child against the Texas Courts. Contact Douglas Wilder, your Texas DWI attorney today.