Underage DUI Defense in San Antonio: Protecting Your Child’s Future Under Texas’s Zero-Tolerance Law
In Texas, the legal system treats drivers under the age of 21 with extreme severity when it comes to alcohol and drugs. The state’s “Zero-Tolerance” law means that any detectable amount of alcohol or illicit drugs in a minor’s system while operating a motor vehicle can lead to a DWI charge, a driver’s license suspension, and a cascade of life-altering consequences. For a teenager and their family in San Antonio, an underage DUI arrest is not a simple rite of passage or a minor mistake—it is a serious criminal charge that demands an immediate, strategic defense.
At Barton & Associates, our experienced San Antonio criminal defense attorneys understand the unique pressures and high stakes of underage DUI cases. We know that a conviction can derail college admissions, scholarship opportunities, future employment, and professional licensing. Our mission is to protect your child’s future by aggressively challenging the charges, navigating the complex dual penalties, and fighting to keep their record clean. With the 15-day deadline for the ALR hearing ticking from the moment of arrest, time is of the essence.
Understanding Texas’s Zero-Tolerance Law for Minors
Texas Transportation Code § 106.041 establishes the strict legal standard for minors. For drivers under 21, it is illegal to operate a motor vehicle in a public place with any detectable amount of alcohol in their system. This is fundamentally different from the standard for adults (0.08% BAC).
- “Any Detectable Amount”: This means a Breath or Blood Alcohol Concentration (BAC) as low as 0.01%—a level that can result from mouthwash, certain medications, or even natural bodily processes—can trigger an arrest and charges.
- The Charge is Still “DWI”: Despite the common term “Underage DUI,” the formal charge is Driving While Intoxicated (DWI). A minor can be charged under two theories: 1) having any detectable amount of alcohol (the Zero-Tolerance violation), or 2) not having the normal use of mental or physical faculties due to alcohol or drugs.
- Inclusion of Drugs: The Zero-Tolerance policy also applies to any detectable amount of a controlled substance in the minor’s system, including marijuana, without evidence of impairment.
This law creates a scenario where a minor can be arrested and charged even if they show no signs of impairment whatsoever, making a strong legal defense not just advisable, but critical.
Severe Penalties: The Dual Consequences of an Underage DWI
An underage DWI case unfolds on two parallel tracks: criminal court proceedings and the Administrative License Revocation (ALR) process through the Texas Department of Public Safety (DPS). Both carry harsh, immediate penalties.
Criminal Penalties for a Minor DWI Conviction
The criminal penalties escalate based on the minor’s age, BAC level, and prior history.
- First Offense (Under 17): Typically handled in juvenile court. Penalties can include probation, mandatory alcohol education classes, community service, and a driver’s license suspension.
- First Offense (Age 17-20): Charged as a Class B misdemeanor in adult court. Penalties include:
- Up to 180 days in jail (though jail time may be probated).
- A fine of up to $2,000.
- A driver’s license suspension from 60 days to one year.
- Mandatory attendance in a DWI education or awareness program.
- Enhanced Charges: If the minor’s BAC is 0.15% or higher, the charge is enhanced to a Class A misdemeanor, with penalties of up to one year in jail and a $4,000 fine.
- Subsequent Offenses: A second or subsequent DWI is a Class A misdemeanor, regardless of BAC, with heightened fines, longer license suspensions, and a greater likelihood of jail time.
Administrative License Revocation (ALR) for Minors: The 15-Day Clock
Separate from the criminal case, the ALR process is an immediate threat to the minor’s driving privileges. The arresting officer will confiscate the driver’s license on the spot. From the date of arrest, the family has only 15 calendar days to request an ALR hearing to contest the suspension.
- Failure to Request a Hearing: If no hearing is requested, the DPS will automatically suspend the minor’s license 40 days after the arrest.
- Suspension Periods for Minors:
- Failure of a Breath/Blood Test (Any detectable BAC > 0.00%): One-year suspension for a first offense.
- Refusal to Submit to a Breath or Blood Test: 180-day suspension for a first refusal.
This hearing is a critical, early opportunity for our attorneys at Barton & Associates to cross-examine the arresting officer, challenge the evidence, and fight to preserve your child’s ability to drive to school or work.
The Collateral Damage: Consequences Beyond the Courtroom
The long-term ramifications of an underage DWI conviction can be more damaging than the fines or suspension.
- College Admissions & Financial Aid: A DWI conviction must be disclosed on college applications and can lead to rejection from competitive programs or universities. It can also jeopardize eligibility for federal financial aid (FAFSA) and private scholarships.
- Employment & Career Licenses: A criminal record creates a significant barrier to entry-level jobs, internships, and military service. It can also prevent licensure in fields like nursing, teaching, engineering, and law.
- Auto Insurance Rates: Insurance providers routinely drop clients or increase premiums by 300% or more after a DWI conviction, creating a financial burden for years.
- Permanent Criminal Record: Unlike some juvenile offenses, an underage DWI as an adult (17+) creates a permanent, public criminal record that can be discovered by future employers, landlords, and schools through background checks.
Our defense strategy is always focused on avoiding a conviction to shield your child from this collateral damage.
Our Strategic Defense for San Antonio Underage DWI Cases
At Barton & Associates, we employ a defense tailored to the specific vulnerabilities of Zero-Tolerance cases and the unique circumstances of our young clients.
1. Challenging the Legality of the Traffic Stop
The police must have valid reasonable suspicion of a traffic violation or crime to initiate a stop. We scrutinize the officer’s report. Was the stop based on a pretext like a “wide turn” or “driving too carefully”? If the stop was unlawful, all evidence gathered afterward—including the minor’s demeanor and any test results—can be suppressed.
2. Attacking the “Any Detectable Amount” Evidence
The science behind low-level BAC detection is not infallible. Our defense investigates:
- Instrument Error: Breathalyzer machines are calibrated for adult BAC ranges. At the minuscule levels involved in Zero-Tolerance cases (0.01%-0.02%), machine margin of error and residual mouth alcohol become powerful defenses. A tiny error can mean the difference between a detectable amount and a 0.00% reading.
- Non-Alcoholic Sources: We explore and present evidence that the detectable alcohol could have come from mouthwash, breath sprays, certain medications, acid reflux (GERD), or diabetic ketoacidosis. This can create reasonable doubt about the source of the alcohol.
- Blood Test Analysis: For blood tests, we examine the chain of custody, lab procedures, and the potential for fermentation in the vial, which can create false positives for alcohol.
3. Protecting the Minor’s Rights During Interrogation
Police questioning is intimidating for anyone, especially a teenager. We determine if the officer properly informed the minor of their rights. Did the minor knowingly and voluntarily consent to a breath test, or was consent coerced after an illegal detention? Were the parents notified in a timely manner? Violations of these procedural safeguards can be grounds for dismissing evidence.
4. Pursuing Pre-Trial Diversion and Record Sealing
For first-time offenders, we often advocate for pre-trial diversion (PTD) programs. These programs, sometimes called “deferred adjudication for minors,” allow the charges to be dismissed upon successful completion of probation, community service, and educational courses. While not available in all cases, securing a PTD agreement is a primary goal to avoid a permanent conviction.
Furthermore, if a conviction does occur, we guide families through the process of sealing the record through an order of nondisclosure once the eligibility waiting period has passed, limiting public access to the case.
The Barton & Associates Advantage for Your Family
- Experience with Juvenile & Adult Courts: We are fluent in the procedures of both Bexar County criminal courts and juvenile justice system, ensuring seamless representation.
- Proactive Communication with Parents: We keep you informed at every step, explaining the complex legal processes in clear terms and ensuring you can make the best decisions for your child’s future.
- Focus on Education & Rehabilitation: We work with the court to position our young clients not as criminals, but as students who made a mistake, advocating for outcomes that emphasize education and future promise over punishment.
- Aggressive ALHearing Advocacy: We treat the ALR hearing with the seriousness of a trial, using it as a key discovery tool to weaken the prosecution’s criminal case from the outset.
Immediate Steps to Take After an Underage DWI Arrest
- Remain Calm and Supportive: Your child is likely terrified. Your support is crucial, but you must also take immediate legal action.
- Invoke the Right to Remain Silent: Instruct your child not to discuss the incident with anyone—friends, on social media, or even other family members—except for their attorney.
- Document Everything: Write down everything you and your child remember about the stop, the officer’s questions, and the tests administered.
- Contact Barton & Associates Immediately: The 15-day ALR deadline is absolute. The sooner we begin, the sooner we can request the hearing, investigate the arrest, and start building the defense.
Contact Our San Antonio Underage DUI Defense Attorneys Today
An underage DWI charge is a crisis, but with the right legal team, it is a manageable one. Do not make the mistake of assuming the court will go easy on a first-time offender. The Zero-Tolerance law is designed to be harsh.
Let Barton & Associates’ San Antonio, Austin or Corpus Christi, Texas offices put our experience, knowledge and relentless advocacy to work for your family. We will fight to protect your child’s driver’s license, their educational future, and their clean record.
Call our San Antonio office today at 210-500-0000 for a confidential, free consultation. You can also use our online Free Consultation form. Your child’s future is worth defending.
Main Category: Criminal Defense
Practice Area Category: DWI & Intoxication
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000
