Houston Underage DWI Defense Lawyer

The zero-tolerance standard changes the legal landscape entirely. At 0.02%, a margin of error in the breath testing instrument or a slight variance in the timing of the test relative to alcohol consumption can be the difference between a charge and no charge. The stakes are also different from an adult case. A conviction or even a deferred adjudication can show up on background checks that affect college admissions, financial aid, military enlistment, and professional licensing. Board Certification in Criminal Law by the Texas Board of Legal Specialization is a credential that reflects expertise across the full range of consequences these cases carry.

Our defense in underage DWI cases addresses the charge itself, the record consequences, and the long-term options for record relief. We focus on:

• Contesting the reliability of the breath test at the 0.02% threshold. At such a low level, calibration errors, mouth alcohol contamination, and timing of the test relative to consumption all become more significant, not less
• Challenging the legality of the traffic stop. The constitutional requirement of reasonable suspicion applies equally to stops involving minor drivers, and an unlawful stop can result in suppression of all evidence obtained from it
• Evaluating whether the case should be handled in juvenile court or adult court and advocating for the track that best protects the young person’s long-term record
• Assessing deferred adjudication eligibility. A deferred outcome in an underage DWI case can preserve the young person’s ability to pursue expunction or nondisclosure later, which matters significantly for employment and licensing
• Identifying record relief options available after resolution. Depending on the outcome, expunction or nondisclosure may be available to limit the long-term public impact of the charge on the young person’s future