Being arrested for underage DWI in Forney is a nightmare no one wants to go through. Having a criminal conviction at a young age is a heavy burden, and it could negatively affect your life for many years. However, it doesn’t have to be that way. A Forney underage DWI attorney can help you fight the charges against you and keep your life on track.
The Law Offices of Randall B. Isenberg believes everyone deserves vigorous, competent legal representation when facing charges from the state. No matter how dire your situation may seem, the prosecutor still must prove their case beyond a reasonable doubt. An experienced criminal defense lawyer can mount a strong defense that gives you the best chance possible at a positive case result, such as an acquittal, case dismissal, or reduced charges.
Highly Experienced, Board Certified DWI Defense Attorneys
The Law Offices of Randall B. Isenberg has more than 30 years of experience working in the justice system. Before founding our firm, Randall B. Isenberg was a state district court judge and a chief felony prosecutor. He has incredible insight into the inner workings of the criminal justice system and has fought on both sides of the aisle in underage DWI cases.
Attorney Isenberg is also board certified in criminal defense with the Texas Board of Legal Specialization. Not only are we fiercely dedicated to your well-being, but we also only practice criminal law. This is the work we do all day, every day. The attorneys at our firm have fought DWI trials in Forney and throughout Texas. When you bring us on board, you get an experienced, well-rounded legal team that won’t stop fighting for you.
Texas Underage DWI Laws and Punishments
Texas is well-known for its zero-tolerance policy for minors operating cars, trucks, motorcycles, or watercraft while under the influence of alcohol. If you’re under the age of 17 and have any alcohol in your system at the time of your arrest, you can be charged with driving under the influence of alcohol (DUIA) by a minor.
However, if you’re between 17 and 21 and have a blood alcohol concentration (BAC) of .08% at the time of your arrest, you may be charged with underage DWI. According to the Texas Department of Public Safety (DPS), the punishments for underage DWI convictions in Texas are as follows:
- First Offense: Class B Misdemeanor– Punishable by a fine of up to $2,000, a jail sentence ranging from 72 hours to180 days, and suspension of your driver’s license for 90 days to 1 year
- Second Offense: Class A Misdemeanor– Punishable by a fine of up to $4,000, a jail sentence ranging from 30 days to 1 year, and the suspension of your driver’s license for 180 days to 18 months.
- Third or Subsequent Offense: Third-Degree Felony– Punishable by a fine of up to $10,000, a state prison sentence ranging from 2 to 10 years, and driver’s license suspension for 180 days to 2 years
The judge for your case cannot eliminate the license suspension or offer you probation in exchange for mandatory jail time. Additionally, DWI convictions in Texas generally cannot be expunged from your record, which means you may still be “answering” for this conviction for your entire adult life. These are the severe penalties a Forney underage DWI lawyer from our firm will fight to avoid for you.
Can You Refuse a Breathalyzer or Blood Test?
Texas has an “implied consent” statute concerning DWI arrests (Texas Transportation Code § 724.011). This means you automatically grant consent to the state to test your BAC upon arrest for DUIA or DWI.
Refusal to cooperate or provide a sample may result in confinement until your bond is posted or you appear before a judge. In either case, your driver’s license will be suspended for 180 days for your first refusal and two years for any subsequent refusals after future arrests, according to the DPS.
How Our Forney Underage DWI Lawyers Can Help You
A Forney underage DWI lawyer from our firm will defend you against the charges and make the state meet its legal obligation to prove the case beyond a reasonable doubt. We won’t just accept the prosecutor or the arresting officer’s version of events. Our team will investigate the circumstances of your arrest and challenge all the evidence the state brings against you.
Examples of what we may do to fight cases for our clients include:
- Examine the police report– In many cases, arresting officers make inaccurate notations or mistakes on their police report. Because this is the basis of the evidence against you, if we can find mistakes or problems with the report, we may be able to create reasonable doubt in the minds of the judge or jury.
- Review the results of your BAC screening– The machines used to conduct BAC screenings are very sensitive. When these machines are not properly calibrated or operated by improperly trained officers, the readings they generate may not be reliable.
- Prepare you for trial– There is so much paperwork involved with criminal trials that many defendants can’t keep track of it all. Our underage DWI lawyers in Forney will ensure we file all your legal motions and paperwork with the courts on time. We will also fully prepare you and any witnesses for trial.
ur Underage DWI Attorneys Can Seek Reduced Charges
District attorneys are public officials, and taxpayers fund their work. This means they must carefully allocate their resources when trying cases. Our attorneys can work to find weak points or errors in the state’s case, and the prosecutor must consider how much of the public’s money they can afford to commit to a trial that may be difficult to win.
This may give our lawyers an opening to negotiate for a reduced charge with a prosecutor who would rather avoid the possibility of a trial resulting in acquittal. Our first goal is always an acquittal, but we may also work to reach an agreement with the prosecutor for reduced charges that allow you to preserve your freedom and reputation. If this is not possible, we will take your case to trial and fight for an acquittal.
We May Be Able to Help You Keep Your License
In underage DWI cases, judges can impose fines or a jail sentence if you are convicted, but they can’t suspend your driver’s license. That’s because the DPS issues your license, and they are the only public agency that has the authority to revoke it. Once you are arrested for underage DWI, the DPS will send you a notice of their intent to suspend your license using a process known as Administrative License Revocation (ALR).
If you don’t respond to that notice and request a formal hearing within 15 days, your license will automatically be suspended. Our Forney DWI attorneys will file your hearing request and help you fight to keep your license at the ALR hearing.
Start Working with a Forney Underage DWI Attorney Today
From the moment you are arrested for underage DWI, you start getting closer to consequences like jail time, fines, and license suspension. Having an experienced attorney who will fight for you may be the difference between facing the worst consequences and moving on with your life with your freedom and reputation intact.
If you have questions about the process or how we can help, contact us for a free case evaluation. The sooner you contact us, the sooner we can begin planning your defense. You don’t have to fight this battle by yourself.
