Hays County Underage DWI Lawyer
If you or your child has been arrested for Driving While Intoxicated (DWI) under the age of 21 in Hays County, the situation is more serious than you may realize. Texas takes underage drinking and driving extremely seriously, and even a trace amount of alcohol can lead to criminal charges, driver’s license suspension, and a permanent criminal record.
At The Law Offices of David C. Hardaway, we understand the panic and uncertainty that families feel when an underage DWI arrest happens. We’re here to help you get through this difficult time by fighting to protect the young person’s future and pushing for outcomes that can minimize the long-term impact. Contact our Hays County underage DWI defense lawyers for help in San Marcos, Kyle, Buda, Dripping Springs, Wimberley, and throughout Hays County.
Texas Has a Zero Tolerance Policy for Underage Drinking and Driving
In Texas, the zero-tolerance law applies to any driver under the age of 21. This means it is illegal for an underage driver to operate a motor vehicle with any detectable amount of alcohol in their system.
There are two common types of alcohol-related driving charges for underage drivers in Texas:
- Driving Under the Influence (DUI) of Alcohol by a Minor: This is a Class C misdemeanor that applies when there is any detectable amount of alcohol in an underage driver’s system, even if it’s below the legal limit for adults.
- Driving While Intoxicated (DWI): If the underage driver has a blood alcohol concentration (BAC) of 0.08% or higher, they can face the same penalties as an adult DWI, including potential jail time and license suspension.
What Are the Penalties for Underage DWI in Hays County?
The consequences of underage drinking and driving charges can be severe, even for a first offense. For DUI (any detectable alcohol under 21), penalties can include up to $500 in fines, a 60-day driver’s license suspension, 20-40 hours of community service, and a mandatory alcohol awareness class. A conviction for Underage DWI (BAC of 0.08% or higher) is a Class B Misdemeanor, with the potential for fines up to $2,000, jail time up to 180 days, license suspension for 90 days to one year, possible ignition interlock device required, and mandatory participation in a DWI education program.
These penalties apply to a conviction on a first offense. Subsequent offenses or aggravating factors can result in longer jail sentences, higher fines, and additional restrictions on driving privileges.
Why You Need an Experienced Underage DWI Defense Attorney
A DWI conviction can follow a young person for the rest of their life. It can create roadblocks to college admissions, scholarship opportunities, employment, professional licensing, and more. It can be heartbreaking to see a young person’s adult life derailed before it has even gotten started. At The Law Offices of David C. Hardaway, we approach these cases with urgency and a strategic mindset. We will pursue all available avenues for defense, including:
- Challenge the legality of the traffic stop
- Review the accuracy of field sobriety, breath, and blood tests
- Seek dismissal, reduction of charges, or deferred adjudication when possible
- Fight to protect your driving privileges and your future
In many cases, we can negotiate outcomes that allow young drivers to avoid jail time and keep their records clean through alternative sentencing or expunction options.
Can an Underage DWI Be Removed from Your Record?
One of the most important questions parents and young drivers ask is whether an underage DWI or DUI can be expunged. A DUI (zero tolerance violation) may be eligible for expunction if it was a first offense and the driver completed all court requirements. A DWI conviction is much harder to remove from your record but may be eligible for nondisclosure in certain cases after a waiting period. It’s critical to work with a defense attorney who understands the nuances of Texas expunction and nondisclosure laws and can help you explore every available option to protect the young person’s future.
Take Immediate Action to Protect Your Rights After a Hays County DWI Arrest
If you or your child is facing an underage DWI charge in Hays County, there is no time to waste. License suspensions and court deadlines move quickly, and the earlier we get involved, the more options we have to build a strong defense.
At The Law Offices of David C. Hardaway, we fight to protect young drivers and help families through this stressful process. We provide clear answers, consistent communication, and a strategic plan to secure the best possible outcome. Call us today or contact us online to schedule your confidential consultation. We’re ready to stand by your side and help you move forward.
