15110 Dallas Pkwy #400
Dallas, TX 75248
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If you child has been charged with driving under the influence of alcohol, driving while intoxicated, DWI or DUI, they can receive very serious punishments that may follow them the rest of their lives. Even if a juvenile’s criminal record is expunged, they may still be required to disclose the DWI to certain education institutions and certain professional licensing associations.
Potential penalties for juvenile offenders can include mandatory alcohol awareness class, mandatory fines, community service, possible jail time, and/or a possible driver’s license suspension.
If your loved one has been charged with underage DUI in Dallas, or any of the surrounding areas in Texas, including Garland, Irving, Grand Prairie, Denton,Decatur, Terrell, Weatherford, Sherman, Rockwall, Burleson, Waxahachie,Plano, McKinney, Fort Worth, Arlington, Mesquite, Carrolton, Richardson, Lewisville or Frisco, contact Law Offices of Richard C. McConathy. Attorney Richard McConathy is knowledgeable in all areas of Texas’ intoxicated driving laws and will make every effort to help your child avoid the most serious penalties and consequences to their alleged underage DWI offense.
Call Law Offices of Richard C. McConathy for a free consultation at (972) 233-5700 about your child’s alleged underage DWI. Contact us today to begin preserving your future or that of your loved one.
Driving while intoxicated by a juvenile in Dallas is subject to zero tolerance laws. This means if a juvenile is pulled over on a suspected DWI and the law enforcement officer finds they juvenile has even the smallest amount of alcohol in their system, they can be arrested automatically. There is no “legal limit” for the purpose of a DWI committed by a minor.
Juvenile DWI can occur when a minor operates a motor vehicle or a watercraft in a public place, while having any detectable amount of alcohol in their system, according to the Tex. Alco. Bev. Code Ann. § 106.041.
Under the Tex. Fam. Code § 51.02, a minor, or child, is someone who is between the ages of ten and 17 years old, or an individual who is 17, but under 18, and who is alleged to have engaged in delinquent conduct or conduct indicating a need for supervision and resulted from acts committed before they turned 17.
A Juvenile DWI is generally punishable as a Class C Misdemeanor. This offense can result in a fine up to $500.
However, if the minor has previously been convicted of at least two juvenile DWI offenses, the juvenile can receive a fine from $500 to $2,000 and/or a jail sentence up to 180 days.
If the juvenile offender has not previously been convicted of a DWI offense, they will also be required to perform community service for 20 to 40 hours. If the juvenile offender has previously been convicted of DWI offense, they are required to perform at least 40 hours of community service, but not more than 60 hours. The community service hours are required to be related to education about or prevention of misuse of alcohol.
Juvenile DWI offenders are also required to complete an alcohol awareness class that has been approved by the Texas Commission on Alcohol and Drug Abuse within 90 days if they have been convicted of a first DWI offense, according to Tex. Alco. Bev. Code Ann. § 106.115. If they have previously been convicted of a DWI offense, they may be required to attend the alcohol awareness class upon a second or subsequent conviction. The court may also require the juvenile’s parents attend the course.
If a juvenile does not timely complete the course, their license may be suspended for an additional period of six months to one year.
A juvenile’s license will automatically be suspended for one year under Tex. Transp. Code § 521.342 if they are convicted of a driving while intoxicated offense.
If the juvenile DWI offender refuses to submit to chemical testing, their license will automatically be suspended for a period of 180 days, which is an administrative license suspension and a civil penalty, according to Tex. Transp. Code § 724.035. If they have previously refused to submit to testing within the preceding 10 years, their license will be suspended for two years.
A person under 21 is subject to at least a 60 day administrative license suspension, which is a civil penalty, if they have any detectable amount of alcohol in their system, even if they submit to testing, according to Tex. Transp. Code § 524.022. If they have previously been convicted of a DWI related offense, their license will be suspended for 120 days. If they have two or more previous DWI related convictions, their license will be suspended for 180 days.
Teen Court is a voluntary program for juvenile Class C misdemeanor offenders who pay for their offense through community service and involvement in the judicial process. Upon successful completion of the program, their citation will be dismissed. The program consists of volunteer teens or teens who have graduated from the program and act as prosecutors and members of the jury. The court is presided over by an adult attorney or adult volunteer.
Deferred Prosecution is a non-judicial program designed for low-risk first time offenders who have been arrested for Class A or B misdemeanors. Individuals who participate in the program are typically required to comply with certain requirements, such as counseling, community service and restitution. This is also known as deferred disposition or deferred adjudication.
Individuals who have been convicted of two or more juvenile DWI offenses are not eligible for deferred disposition or deferred adjudication.
These programs are only available in certain counties in Texas, and eligibility also varies from county to county.
Youthful Drinking and Driving Prevention Program (YDDPP) – This program was designed by the nonprofit organization, Dallas Challenge, Inc., to deter young people from driving under the influence of drugs or alcohol and from underage drinking. The program is a single, eight-hour long class for juveniles between the ages of 15 and 23. Dallas Challenge, Inc. was created to help juveniles stay in school, off drugs and alcohol and out of the criminal justice system. The organization is located at:Dallas Challenge, Inc.
Dallas County Juvenile Diversion Program – This program was created for at-risk youth who are not currently in the Dallas County Juvenile Justice System between the ages of 9 and 16. The program seeks to change the behavior of youth who are experiencing behavioral problems, such as alcohol and drug use, truancy, stealing and violence. The program is located at:Henry Wade Juvenile Justice Center
Alcohol Education Program for Minors – This link is to a program designed by the Texas Department of State Health Services for juvenile DWI offenders who have been ordered by a court to attend an approved alcohol or substance abuse education course.
Dallas County Juvenile Department – This governmental department was created to assist youthful offenders in becoming productive, law-abiding citizens, while promoting public safety and victim restoration. The Juvenile District Court is located at:Henry Wade Juvenile Justice Bldg.
Contact Law Offices of Richard C. McConathy today for a consultation about probation for your DWI offense throughout Dallas County in Texas. Richard McConathy is an experienced criminal defense lawyer in Dallas who will make every effort to help you receive probation for your DWI charges.
Call (972) 233-5700 for a consultation about the alleged underage DUI in Fort Worth, Dallas, or the surrounding communities of Denton County, Collin County, Tarrant County, Kaufman County, Parker County, Grayson County, Rockwall County, Johnson County Wise County, or Ellis County.
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15110 Dallas Pkwy #400
Dallas, TX 75248
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