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Underage DWI in Texas: Don’t Panic, Get L&L Law Group on Your Side

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Underage DWI in Texas: Don't Panic, Get L&L Law Group on Your Side

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John D.

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Being young and making mistakes is part of life. But when those mistakes involve underage drinking and driving, the consequences can be severe. For young individuals facing charges of Underage DWI, the road ahead might seem daunting. However, armed with knowledge and the right legal strategies, navigating through these turbulent waters becomes manageable. At L&L Law Group, we understand that navigating the legal system after an Underage DWI (Driving While Intoxicated) charge in Texas can be overwhelming. Here, we’ll break down the potential repercussions and explore defense strategies you can consider.

The Sting of Underage DWI in Texas

In Texas, the legal drinking age is 21 and the state has zero tolerance for underage drunken driving. This offense, commonly known as Underage DWI, is a grave matter that demands immediate attention. If you’re under 21 and caught driving with any detectable amount of alcohol in your system, you’re facing a Class B misdemeanor. This can translate to:
  • Criminal Penalty: Even for a first-time offense, penalties can include fines up to $2,000, community service, mandatory alcohol education programs, and even jail time.
  • Jail Time: Between 72 hours and 180 days (with probation a possibility)
  • Driver’s License Suspension: A conviction can lead to the suspension of the individual’s driver’s license for anywhere from 90 days to a full year, thus hindering their ability to commute to work or school.
  • Education and Employment Implications: A criminal record resulting from an Underage DWI can adversely affect educational opportunities and future job prospects.
  • Insurance Ramifications: Insurance premiums may skyrocket following a DWI conviction, placing additional financial strain on the individual and their family.
  • These are just the base penalties. An open container in the car or causing an accident can significantly increase the severity of the charges.
Sealing records, also known as an order of nondisclosure in Texas, takes a different approach. Instead of erasing the record, it hides it from public view. This means most background checks, like those run by employers or landlords, won’t reveal the sealed offense. However, it’s important to understand that sealed records aren’t truly invisible. Law enforcement agencies and certain government entities can still access them.

Now, the million-dollar question: do you qualify for either expungement or sealing records in Texas? The answer, as is often the case in law, is: it depends. The good news is that sealing records is generally more available than expungement. Here are some offenses that may be eligible for sealing after meeting specific requirements:1

Fighting for Your Future

An Underage DWI conviction can have long-lasting effects on your future. College applications, job opportunities, and even housing can be impacted. That’s why seeking experienced legal representation is crucial. Here at L&L Law Group, we’ll explore all possible defense strategies, such as:

Challenging the Stop : The legality of the initial traffic stop can be challenged if law enforcement lacks probable cause or reasonable suspicion. Was the initial traffic stop valid? Improper procedures by law enforcement can lead to evidence being thrown out.

Field Sobriety Test Issues: Field Sobriety Test Issues: Breathalyzer and field sobriety tests are prone to inaccuracies. Skilled attorneys can scrutinize the administration and results of these tests.

Blood/Breath Test Errors: Improper storage or handling of blood tests or faulty breathalyzer machines can cast doubt on the results.

Negotiating with the Prosecutor: Depending on the circumstances, we can negotiate a lesser charge or reduced penalties. For first-time offenders, diversion programs or deferred adjudication may be viable alternatives to traditional sentencing.

Don't Face This Alone

Being charged with Underage DWI is scary, but it doesn’t have to define your future.  At L&L Law Group, our skilled Dallas-based attorneys understand the complexities of Texas DWI laws and have a proven track record of achieving successful outcomes for our clients. We’ll fight tirelessly to protect your rights and minimize the impact this can have on your life. Don’t wait to act. Contact L&L Law Group today for a free consultation. We’ll guide you through the legal process and work aggressively toward the best possible resolution.
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Expungement vs Sealing Records

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Expungement vs. Sealing Records in Texas: What's the Difference? (and Do You Qualify?)

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John D.

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Let’s face it, an arrest or conviction in Texas can cast a long shadow. It can impact your employment opportunities, housing options, and even your self-esteem. But here at L and L Law Group, we understand that people make mistakes, and sometimes, a second chance is exactly what you need. That’s where expungement and sealing records come in. These legal processes offer a path forward, but they’re not exactly the same. Today, we’ll break down the key differences between expungement and sealing records in Texas, and help you determine which option might be right for you.

Erasing the Past: Expungement

Think of expungement as hitting the “delete” button on your criminal record. If your petition is granted, the court orders the destruction of all records related to your arrest or conviction. This means the arrest or charge essentially vanishes, and you can legally answer “no” if asked about it on applications (with some exceptions). Sounds perfect, right? Well, expungement in Texas is a very limited option. It’s generally only available for:
  • Dismissed cases: If the charges against you were dropped.
  • Certain misdemeanors: Only specific misdemeanors, like minor theft or possession of small amounts of marijuana, qualify for expungement after completing probation without any violations.
  • Deferred adjudication: If you successfully completed deferred adjudication, a form of probation where the case is dismissed upon completion.

Sealing Records (Order of Nondisclosure)

Sealing records, also known as an order of nondisclosure in Texas, takes a different approach. Instead of erasing the record, it hides it from public view. This means most background checks, like those run by employers or landlords, won’t reveal the sealed offense. However, it’s important to understand that sealed records aren’t truly invisible. Law enforcement agencies and certain government entities can still access them.

Qualifying for Sealing Records in Texas

Now, the million-dollar question: do you qualify for either expungement or sealing records in Texas? The answer, as is often the case in law, is: it depends. The good news is that sealing records is generally more available than expungement. Here are some offenses that may be eligible for sealing after meeting specific requirements:
  • Certain misdemeanors and felonies (depending on the severity and how long ago the offense occurred).
  • Non-violent offenses.
  • Offenses committed as a juvenile (restrictions apply).

Consultation Is Key

Given the nuances and complexities involved in expungement and sealing records, it’s crucial to seek legal counsel to determine your eligibility. An experienced attorney can assess your situation, navigate the legal landscape, and advocate for your rights effectively.

Can L and L Law Group Help?

Whether expungement or sealing records is the right option for you depends on your specific situation. The experienced attorneys at L and L Law Group can guide you through the process, assess your eligibility, and help you navigate the legal complexities involved. We understand the importance of a clean slate and will fight for the fresh start you deserve. Contact L and L Law Group today for a free consultation and let’s discuss your options!