If your child is charged with DUI, it is an exceptionally serious matter in relation to the lasting impact it can have on their future. Their entire life lies ahead of them, and kicking things off with a criminal record is not a great start.
Facing your child’s legal predicament is upsetting, and while you may not know where to turn, it’s important to recognize that help is available – reach out for the professional legal guidance of an experienced Round Rock criminal defense lawyer today.
DWI vs. DUI in Texas
While DWI and DUI are often used interchangeably, they are – in fact – distinct charges in the State of Texas.
Driving while Intoxicated
When an adult is charged with drunk driving, it is a DWI charge, which stands for driving while intoxicated. This relates to driving with a BAC of .08 percent blood alcohol concentration (BAC) or higher. An adult can also be charged if their driving is determined to have been negatively affected by alcohol – even if their BAC is below the legal limit.
DWI charges are generally Class B misdemeanors, which can carry up to $2,000 in fines, a driver’s license suspension, and up to six months in jail.
Driving under the Influence
The charge of DUI in Texas, however, stands for driving under the influence, and it is reserved for those who are under the legal drinking age of 21. Because it is illegal for anyone who isn’t 21 yet to drink in Texas – or anywhere else in the nation – the state takes a no-tolerance stance when it comes to underage drinkers getting behind the wheel.
In fact, a BAC that is as low as .02 percent – which can reflect sipping a single beer – can support a DUI charge, which is a Class C misdemeanor that carries no jail time but comes with fines of up to $500, a driver’s license suspension, a mandatory alcohol awareness course, and community service hours.
It’s also important, however, to consider the social consequences and the long-term costs associated with a DUI conviction, such as the price of your child’s car insurance now and into the future. If your child is facing a DUI charge, there is far more on the line than a fine, and working closely with a capable criminal defense attorney from the outset is always advised.
Finally, you should not lose sight of the fact that a DUI conviction will remain on your child’s record permanently unless it is either expunged or sealed, which is another complex legal process. This means that a mistake made by a young driver in Texas can lead to a lifetime of serious consequences.
Reach out to a trusted Round Rock criminal defense attorney to explore your options for protecting your child’s future and minimizing the long-term consequences.
Driver’s License Suspension
If your child loses their driving privileges as a result of a DUI conviction, it can negatively impact their plans in relation to getting back and forth to school, to work, to social events, and to extracurricular activities, which means it can derail their busy life.
In other words, a license suspension can seriously alter your child’s ability to interact with the world around them, which can – in turn – affect their emotional well-being. Giving up the new-found independence that comes with the privilege of driving can amount to a serious blow.
The amount of time that a young adult’s license will be suspended depends upon a range of factors that include their age, whether or not the charge is their first, the level of their BAC, if they had an open container, if they caused an accident, and – if so – whether or not the accident left someone else injured.
Your Child’s Age Will Affect the Charge
The age of your child when they are charged with DUI will affect the charge itself.
Under the Age of 17
If your child is under the age of 17, the DUI charge they face is a Class C misdemeanor, which can lead to $500 in fines, a driver’s license suspension of from 60 to 180 days, and from 20 to 40 hours of community service. Additionally, alcohol awareness classes are often required.
For a second offense, they can face another fine of up to $500, up to 60 hours of community service, a driver’s license suspension of from 120 days to 2 years, and mandatory attendance of an alcohol awareness course.
Between the Ages of 17 and 20
If your child is between the ages of 17 and 20, the DUI charge will be elevated to a Class B misdemeanor, and the fines and penalties include all the following:
Fines of up to $2,000
A jail sentence of up to 6 months
A driver’s license suspension of up to a year, which in some cases can be reduced to 90 days with the installation of an ignition interlock device
For a second offense, the charge is enhanced to a Class A misdemeanor, which carries the following:
From 30 days to a year in jail
Fines of up to $4,000
A driver’s license suspension of from 6 to 18 months
A third offense for drivers in this age bracket is a felony, which supports even more serious legal and social consequences.
Car Insurance
Your child must be covered by your car insurance policy to drive, and when they are on their own, they will need to purchase a personal policy. However, insurance companies quite reasonably equate DUI charges with high-risk driving practices, which translates to steep cost increases.
Increased Rates for Young Drivers
Due to their inexperience and immaturity, young drivers face higher insurance rates to begin with, and a DUI conviction can make maintaining coverage out of financial reach. Your insurance company could also choose to cancel your child’s coverage or refuse to renew their coverage when the time comes.
The SR-22 Requirement
Young motorists can also be slapped with SR-22 requirements, which refer to a Financial Responsibility Insurance Certificate. This certificate is issued by the insurance provider, and it establishes that the named driver is maintaining the motor vehicle liability insurance they are required to carry.
The insurance provider automatically notifies the Texas Department of Public Safety when a motorist with an SR-22 requirement cancels, terminates, or allows their coverage to lapse. Drivers with SR-22 requirements have even more difficulty obtaining affordable car insurance.
SR-22 requirements generally last two years, but they do not automatically go away. Once the driver has met their time requirement, it is their responsibility to notify their insurance provider, and the provider will remove the necessary filing with the DMV. Failure to notify the relevant insurance provider can lead to elevated insurance rates further into the future.
The Insurance Company’s Lookback Period
The length of time that a DUI will affect a young driver’s insurance premiums depends upon the lookback period used by the insurance provider. Most implement a 3-to-5-year lookback window, but the allotted period can extend all the way back to 10 years from the date of conviction.
Important Social Consequences
In addition to the costs, fines, and legal penalties associated with a DUI conviction, there are also big-picture social consequences.
Missed Job Opportunities
Teenagers and those who are just 20 tend to have very limited work experience in the first place, and a DUI conviction can make getting a foot in the work world that much more difficult. Many employers avoid hiring workers with criminal records, and as a result, a young person with a DUI conviction may not even be given a chance.
Without that early work experience, it can be harder to build a rewarding career, and lasting financial consequences can follow. All told, someone with a DUI on their record will very likely need to work harder in order to achieve what they might have if they’d never been convicted.
Missed Educational Opportunities
A DUI conviction can make it more difficult for students to advance their careers after high school. For example, it can be more difficult to obtain federal student loans and grants, but there is more to it. A DUI conviction can also negatively affect a student’s ability to gain acceptance in the college of their choice and their ability to live on campus with the other students.
Further, a conviction can limit the student's access to extracurricular activities and learning opportunities, such as semesters abroad and other specialized learning programs. Because one’s level of education is closely associated with earning capacity, missed educational opportunities can enhance the effects of missed job opportunities.
In other words, a young person with a DUI on their record could be looking at an accumulation of financial losses in their future.
A Tarnished Reputation
Young people have little more than their reputations and their school records to recommend them, and a DUI conviction can mar a young person’s otherwise impeccable reputation. This can, in turn, affect their ability to land a job and make their way in the world.
Difficulty Renting an Apartment
Graduating from high school is a rite of passage that often leads to moving into either a dorm or an apartment – both of which can be affected by a DUI conviction. Many landlords screen for criminal convictions – preferring to rent their properties to those without records.
FAQ
If your child is facing a DUI charge, you have questions, and the answers to some of those asked most frequently by parents in your shoes could help you with your own.
My teenager has been charged with DUI. What should I do?
If your child is facing a DUI charge, the two most important moves you can make are taking a deep breath and consulting with a well-established criminal defense attorney as quickly as you possibly can. The sooner you have trusted legal representation in your corner, the more favorably your child’s case is likely to be resolved.
It’s just a misdemeanor – is it really a big deal?
While a misdemeanor is admittedly less serious than a felony, there is nothing minor about it. A DUI conviction is a criminal charge that will be on your child’s record permanently – unless it is expunged or sealed, which are complex legal maneuvers in their own right.
A DUI conviction will not only increase your child’s already-high car insurance premiums significantly but can also affect their ability to find a job, attend college, and rent a place to live, which can – in turn – directly affect their future and their emotional well-being.
What is the legal limit for those who are younger than 21?
Because it is illegal for anyone who has not turned 21 yet to drink alcohol, Texas does not allow any wiggle room when it comes to DUI charges. A BAC as low as .02 percent can support a DUI charge, and that level can be achieved with as little as one drink or even less. Someone who is underage does not have to be drunk, tipsy, or even buzzed to be convicted of DUI.
Could a DUI affect my child’s college scholarship?
Yes, a DUI conviction could potentially affect your child’s college scholarship. Many – if not most – scholarships have conditions attached. Often, a criminal conviction, such as a DUI, is all it takes to have a scholarship revoked, which can have lasting implications for your child’s education and future career.
Share Your Concerns with an Experienced Round Rock Criminal Defense Attorney Today
If your child has been charged with DUI, you should take the matter seriously from the start.
Brett Pritchard at The Law Office of Brett H. Pritchard is a well-established Round Rock criminal defense lawyer who appreciates how serious your situation is and will do everything in his power to effect a favorable resolution that supports your child’s brightest future.
We are here to help, so please don’t hesitate to contact us or call us at 254-781-4222 to schedule a free consultation and learn more about what we can do for you today.