Skip to Content Top
DUI Defense Serving Families Throughout Austin

DUI Defense Attorneys in Austin

What is a DUI?

DUI stands for ‘driving under the influence,’ meaning driving under the influence of drugs and alcohol. Specifically, however, a DUI only applies to people under the age of 21 in Texas, those who are not old enough to legally drink alcohol.

Texas operates under a ‘zero tolerance’ policy for minors who drink and drive. This means that if a minor driving a motor vehicle has any detectable trace of alcohol on them, they can be charged with a DUI. Therefore, if you are under 21 and are pulled over after having as little as one drink, you can receive a drinking and driving charge, even though you are not legally drunk. Instead, you are being punished for the simple act of consuming alcohol under the legal age.

In addition to this, it's important to understand the broader implications of a DUI charge in Texas. Minors charged with a DUI can face repercussions that extend beyond immediate legal penalties. Long-term consequences may include increased insurance premiums, potential impacts on future employment opportunities, and difficulties in obtaining certain professional licenses. Understanding these broader implications can be crucial for minors and their families in preparing for a defense strategy, making it imperative to seek knowledgeable legal counsel during such critical times.

Difference Between DUI & DWI in Texas

DUI and DWI are both related to drinking and driving, but the distinction has to do with the age of the offender and the recorded BAC at the scene. Here is an explanation of the differences between DUI and DWI in Texas.

In Texas, there is zero tolerance for under-aged drinking, meaning a person under the age of 21 cannot drive with a BAC of any level. There can be no detectable sign of alcohol in their blood in the least. If a person under the age of 21 is breathalyzed and found with a BAC of as little as .02, he or she can be charged with a DUI.

On the other hand, if someone who is at least 21 years old is breathalyzed and receives the same BAC of .02, he or she will most likely be free to go, as long as no other laws have been broken.

A DWI, which stands for ‘driving while intoxicated,’ is a much harsher offense than a DUI, and this is reflected in harsher penalties. For a DWI, anyone caught driving with a BAC of .08 or higher is legally intoxicated, and can be charged with the crime. However, it is possible for a person under the age of 21 to be charged with a DWI. If the under-aged driver’s blood alcohol content (BAC) is greater than .08, the charge is upped to a serious DWI charge.

Understanding these distinctions can be essential in forming an appropriate legal defense. It helps determine the strategy that best fits the specifics of your case, whether it involves lesser sanctions typical of a DUI, or the more substantial consequences associated with a DWI. Legal nuances such as these often require the adept handling that only a seasoned drunk driving lawyer in Austin can provide, ensuring that your approach is both informed and strategic.

To learn more about DWI penalties in Texas, check out our DWI page.

Penalties for a DUI in Texas

A DUI is considered a Class C misdemeanor, and there are many penalties for a DUI that can negatively impact your life, though there is no possibility for jail time.

**Here are some of the potential penalties and consequences:**

  • For instance, you could be forced to pay a fine of as much as $500, and for young people especially, this can be a significant amount of money to pay.
  • Moreover, a DUI conviction could land you with up to 40 hours of community service that you must complete within a certain time period. This can make juggling school, a job, extracurricular activities, and hobbies, along with this mandatory community service very difficult; not to mention, this can put a significant strain on your social life.
  • It does not stop there, but a DUI conviction could require you to attend mandatory alcohol awareness classes – don’t even think about trying to skip these, your attendance will be recorded and any discrepancies noted by the court. Lastly and probably most significant, if you are convicted of a DUI, your driver's license could be suspended for up to 60 days. This penalty will only further disrupt the life you have, making it hard to get to school, work, and important social events.

Apart from immediate legal penalties, a DUI conviction can have cascading effects on other aspects of a person's life. For instance, students might face educational disciplinary actions which could impact their academic progress. Additionally, a DUI on one's record might limit job prospects, especially occupations that require vehicular operation or those in which employers conduct thorough background checks. It is critical to understand all these ramifications and how they interact with each other when assessing the overall impact of a DUI charge.

As you can see, even though you will not go to jail for your first DUI offense, there are many other consequences that can negatively impact your life in more ways than you can imagine. As a young person under 21, you probably have a lot on your plate; you definitely do not have room for the repercussions of a DUI charge.

Known DUI Checkpoints & Enforcement in Austin

In Austin, law enforcement is particularly vigilant about DUI checkpoints, which are strategically placed throughout the city, especially near entertainment districts such as Sixth Street and the Domain. These checkpoints are critical in ensuring road safety and reducing DUI incidents. Understanding where and when these checkpoints occur can help drivers make informed decisions about their travel plans and encourage responsible behavior.

Austin City Council and Travis County law enforcement have collaborated to increase the visibility of DUI checkpoints during high-traffic times like holidays and events. These initiatives are part of the zero-tolerance approach toward impaired driving. Moreover, educational campaigns run by local organizations aim to raise awareness about the dangers and legal repercussions of DUI offenses. As these efforts intensify, drivers are encouraged to plan ahead, either by designating a sober driver or utilizing local transit options such as ride-sharing services and public transportation to ensure safe travel.

DUI Education & Prevention Resources

DUI prevention and education are integral components of Austin's strategy to combat impaired driving. The city, in collaboration with schools and community groups, offers numerous educational resources to both youths and adults. Programs are designed to educate about the risks of drinking and driving and to teach strategies for making safe and responsible choices.

One such initiative is the collaboration with local high schools and universities, incorporating DUI awareness into the curriculum and hosting workshops that simulate the impairing effects of alcohol. These programs aim to reach drivers before they are in a position to make dangerous decisions, emphasizing the importance of understanding the repercussions not only legally, but personally and socially. By engaging at the educational level, Austin fosters a culture of responsibility and safety, empowering the youth to influence their peers positively.

Commonly Asked Questions

What Are the Legal Consequences for a First Offense DUI in Austin, TX?

For a first offense DUI in Austin, TX, the legal consequences can include a fine of up to $500, up to 40 hours of community service, mandatory attendance in alcohol awareness classes, and a possible driver's license suspension for up to 60 days. These penalties are designed to discourage underage drinking and driving and can significantly affect a young person's life, including their ability to attend school, work, and social events.

Can Someone Under 21 Be Charged With a DWI in Texas?

Yes, in Texas, a person under the age of 21 can be charged with a DWI if their blood alcohol content (BAC) is greater than .08. While a DUI applies to minors with any detectable amount of alcohol, a DWI is a more serious charge with harsher penalties and is applicable to individuals of any age, including those under 21, who are found driving with a BAC of .08 or higher.

How Does a DUI Affect Insurance Rates in Austin?

Receiving a DUI conviction in Austin can significantly impact your insurance rates. Insurers view DUI offenses as a high-risk indicator, often resulting in increased premiums. In some cases, insurance companies may even choose to drop coverage entirely. Those who retain their policies can expect their rates to increase by a substantial percentage, often lasting several years.

Additionally, after a DUI, insurers might require you to file an SR-22 form to verify that you carry the minimum required insurance coverage. This obligation can complicate the process of changing insurers or policies and typically incurs additional fees. It's essential to be prepared for these financial implications and explore ways to mitigate these increases, such as completing state-approved DUI educational programs or installing an ignition interlock device.

What Are Common DUI Myths and Misconceptions?

There are numerous myths surrounding DUIs that can lead to misunderstandings about the laws and their enforcement. One common misconception is that consuming food or coffee can sober a person enough to avoid a DUI charge. While these may mask the effects of alcohol temporarily, they do not lower blood alcohol content.

Another myth suggests that refusing a breathalyzer test will prevent a DUI charge. In Texas, refusal can result in immediate license suspension and may still lead to a DUI arrest based on sobriety tests or observed impairment. Additionally, it is a myth that first-time offenders do not face serious consequences. Even a single DUI conviction can have severe financial, legal, and personal impacts, emphasizing the need for awareness and responsible choices.

Why Is Hiring a Local DUI Attorney Beneficial?

Hiring a local DUI attorney in Austin offers several key advantages. Local attorneys are well-versed in the specific DUI laws and court procedures in Texas, enabling them to navigate the system more effectively. Additionally, they often have established relationships with local judges, prosecutors, and law enforcement.

These connections can prove invaluable in negotiating plea bargains and understanding the nuances of individual courts. Local lawyers also possess an in-depth knowledge of community dynamics, including popular checkpoints and local government initiatives, which can aid in crafting a tailored defense strategy. By leveraging their experience, a local DUI attorney provides comprehensive legal support, focused on minimizing the impact of charges and ensuring the best possible outcome given the circumstances.

Continue Reading Read Less

What Our Clients Say

Our Level of Service Speaks for Itself
    "A truly respectable man of law and I recommend him to anyone in need of an attorney for any criminal matter."
    My opinions and beliefs were highly respected and Mr. Carroll was always determined to bring out the truth and fight for my rights.
    - Chris C.
    "Couldn’t have made it through this without her. 10/10 would recommend."
    She worked diligently to take care of my case.
    - Dustin S.
    "A true asset to any law firm."
    I would highly recommend Blair Carroll to retain as my lawyer.
    - Vickilynn P.
    "I cannot say enough about my experience working with Shelly. She was so helpful and professional and was there every time I needed her."
    She took her time with my case and made me feel comfortable and at ease with the entire process.
    - Ashley S.
    "All of us have been fortunate that she was on our side and I highly recommend her for any legal services."
    Trusting someone with your life is an incredibly difficult choice and one we never want to have to make but Shelly and her team have helped me through some of these stressful situations. I used several different lawyers before finding her and was less than impressed with all of them. When I contracted her to help me with my second DWI, I found out quickly how a highly competent lawyer handles the courtroom. I have since worked with her on several cases and I have recommended her to many of my friends and family. All of us have been fortunate that she was on our side and I highly recommend her for any legal services.
    - Jason W.
    "Shelly and her partner were able to get my case dropped with very little action required on my part."
    The firm, and Shelly, are great!!
    - Lisa C.
    "An honor to have them as my lawyers!"
    The team at Carroll Troberman, PLLC, are angels sent from God! It's an honor to have them as my lawyers. Many referrals are coming their way!
    - Bobby C. & Andrea C.
    "I had the best outcome for my case and it was all Shelly Troberman!"
    She’s amazing!!
    - Leslie R.

What Makes Carroll Troberman the Right Choice?

  • Over 30 Years of Combined Experience
  • We Have Countless Accolades & Are Respected in the Legal Community
  • Providing High-Quality Legal Advice & Representation
  • We Give Each Client Personalized Attention

Our Team Can Help

Contact Us Today!

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy