Leon Valley DUI Lawyers

Criminal Defense Attorneys That Fight

In Texas, the term “Driving Under the Influence” (DUI) applies only to minors under the age of 21. While some states use DUI and DWI interchangeably, Texas law makes a clear distinction: DUI is reserved for underage drivers who have any detectable amount of alcohol in their system, regardless of impairment.

Leon Valley is no exception. As a zero-tolerance jurisdiction under Texas law, minors caught with even a trace of alcohol in their system while operating a motor vehicle or watercraft can be arrested and charged with DUI.

No Proof of Impairment Required

Unlike adult DWI cases, prosecutors in Bexar County do not need to prove that a minor was intoxicated or impaired. All they must show is that:

• The driver was under 21, and
• A detectable amount of alcohol was present in their system

That means even a single sip of alcohol can result in a criminal charge and license suspension.

DUI Penalties for Minors in Leon Valley

The penalties for a DUI conviction escalate with each offense:

• First Offense DUI
  • Fine up to $500
  • 20 to 40 hours of community service
  • Mandatory alcohol awareness course
  • Driver’s license suspension up to 60 days

• Second Offense DUI
  • Increased fine
  • More community service hours
  • Longer license suspension
  • Higher risk of long-term criminal consequences

• Third Offense DUI
  • Potential for jail time
  • Long-term license suspension
  • A permanent criminal record

Because the consequences grow more severe with each offense, it’s critical to mount a strong legal defense from the start.

First-Offense DUI Charges for Minors in Leon Valley, Texas

A first-time DUI offense in Leon Valley is classified as a Class C misdemeanor under Texas law. Although it does not carry jail time, the penalties can still be serious and affect a minor’s driving record, insurance rates, and future opportunities.

Penalties for a First DUI in Leon Valley:

If convicted, a minor may face:

• A fine of up to $500
• 20 to 40 hours of mandatory community service, often related to alcohol or drug education
• Mandatory enrollment in an approved Alcohol Awareness Program, Drug Education Program, or Drug and Alcohol Driving Awareness Program (DADAP)

If the minor fails to complete the required education program, the court may order the Texas Department of Public Safety (DPS) to suspend or deny the issuance of a driver’s license for up to 6 months.

Driver’s License Suspension

• 60-day driver’s license suspension
• No eligibility for an occupational license for the first 30 days

No Jail Time for First-Offense Minor DUI in Texas

Under Texas law, a first-time DUI offense committed by a minor is classified as a Class C misdemeanor and does not carry jail time. While that may seem like a relief, the offense still carries serious consequences—including hefty fines, license suspension, mandatory alcohol education, and a lasting criminal record.

These penalties can affect college admissions, job opportunities, and insurance rates. That’s why it’s critical for minors and their families to take the charge seriously and work with a skilled DUI defense lawyer who can fight for a dismissal, reduction, or alternative resolution.

Second-Offense DUI Charges for Minors in Leon Valley, TX

A second DUI offense for a minor in Leon Valley carries more severe consequences than the first. Although still classified as a Class C misdemeanor, the penalties are enhanced to reflect the repeat nature of the violation.

Penalties for a Second DUI Offense:

A second DUI offense for a minor under 21 in Texas brings more serious consequences than a first-time offense. If convicted, the minor may face:

• A fine of up to $500
• Mandatory 40 to 60 hours of community service, often related to alcohol or drug prevention
• Enrollment in an Alcohol Awareness Course, at the discretion of the judge

Driver’s License Suspension

• 120-day driver’s license suspension
• Ineligible for an occupational license for the first 90 days

Although jail time is still not a penalty for a second DUI by a minor, the longer license suspension, additional community service, and court supervision make it crucial to secure legal representation immediately. A knowledgeable Leon Valley DUI defense lawyer can help protect the minor’s record and future.

Third-Offense DUI Charges for Minors in Leon Valley, TX

A third DUI offense by a minor in Leon Valley is treated with serious consequences under Texas law. With each subsequent offense, the penalties become more punitive—both in terms of driver’s license suspension and potential jail time.

Penalties for a Third DUI Offense (Under 21)

• Ineligible for deferred adjudication — meaning the court cannot offer probation in place of a conviction
• 180-day driver’s license suspension, with no eligibility for an occupational license during the entire suspension period
• For minors aged 17 years or older, the offense is enhanced to include:
  • A fine ranging from $500 to $2,000
  • Up to 180 days in jail

How Police Handle Third-Offense DUI Cases

Even for a third offense, Leon Valley police officers are not required to arrest a minor at the scene. Instead, they may issue a citation that includes:

• The nature of the offense
• The scheduled court appearance date, time, and location

Still, repeat offenses put a young person’s future, record, and driving privileges at serious risk. An aggressive legal defense is essential to try to minimize penalties, seek alternative sentencing when possible, or even challenge the case entirely.

Trusted DUI Defense Attorneys Serving Leon Valley, TX

At Ried Pecina Trial Lawyers, we understand how devastating a third DUI charge can be for a minor and their family. We offer experienced, strategic defense against DUI and underage DWI charges in Leon Valley and the greater San Antonio area.

Call us at (210) 893-0000 or schedule your consultation today. Let us fight to protect your rights and your future.

Frequently Asked Questions About Minor DUI Charges in Leon Valley, TX

What qualifies as a DUI for a minor in Texas?

Under Texas’s strict zero-tolerance laws, any detectable amount of alcohol in a driver under 21 can result in a DUI charge. A minor does not have to appear intoxicated or impaired. If law enforcement detects any trace of alcohol, that alone is enough to issue a DUI citation. This applies whether the minor is operating a car, truck, or even a watercraft in Leon Valley or elsewhere in Texas.

What is the difference between DUI and DWI in Texas?

Texas law separates DUI and DWI charges by age and level of impairment. Driving Under the Influence (DUI) refers exclusively to minors under the age of 21 who are caught with any detectable amount of alcohol in their system. Driving While Intoxicated (DWI), on the other hand, applies to adults or minors who are legally intoxicated. A DWI charge typically requires proof of impairment or a blood alcohol concentration (BAC) of 0.08% or higher.

Can a minor be arrested for DUI in Leon Valley?

Most first-time DUI offenses for minors are not arrestable offenses. Officers typically issue a citation and set a mandatory court appearance. However, if there are aggravating factors like drug possession, prior offenses, or noncompliance, the officer may take the minor into custody. Each case in Leon Valley is different and may depend on the circumstances of the traffic stop.

What are the penalties for a first-time DUI offense?

A first-time DUI for a minor is a Class C misdemeanor in Texas. The penalties may include a fine of up to $500, 20 to 40 hours of community service, and mandatory attendance in an alcohol or drug awareness program. If the program is not completed, the Texas Department of Public Safety may suspend the minor’s driver’s license for up to six months. The standard license suspension period is 60 days, and the minor is not eligible for an occupational license for the first 30 days.

Can a minor go to jail for DUI in Texas?

Texas law does not impose jail time for a first or second minor DUI offense. However, a third offense can lead to up to 180 days in jail for minors who are 17 years old or older. That third offense also comes with a license suspension of 180 days and no eligibility for an occupational license during that period. The long-term consequences make early legal intervention critical.

Does a DUI show up on a minor’s criminal record?

Yes. A conviction for DUI, even as a minor, results in a permanent criminal record. This can affect future opportunities such as college admissions, employment, and scholarships. Insurance premiums may also increase significantly. However, certain cases may qualify for record sealing or expunction. An experienced Leon Valley DUI attorney can evaluate whether expungement is possible.

Can a minor refuse to take a breath or blood test?

Texas is an implied consent state. That means drivers, including minors, implicitly agree to submit to breath or blood testing when stopped lawfully by law enforcement. Refusal can result in an automatic license suspension of 180 days for a first offense and up to two years for subsequent refusals within a 10-year period.

Are parents held responsible for a minor’s DUI in Texas?

Parents are not typically held criminally responsible for a minor’s DUI. However, if a parent knowingly provided alcohol to the minor or allowed them to drive under the influence, they may face civil liability or additional legal consequences, particularly if the minor caused an accident.

What are some common defenses for a minor DUI charge?

A skilled DUI lawyer may raise defenses such as an illegal traffic stop, inaccurate test results, lack of probable cause, mishandling of evidence, or no actual alcohol consumption. In Leon Valley, a knowledgeable attorney familiar with the local courts and prosecutors can make a significant difference in the outcome of a DUI case.

Can I challenge the license suspension from a DUI charge?

Yes. You have the right to request an Administrative License Revocation (ALR) hearing through the Texas Department of Public Safety. This hearing is separate from the criminal court case and must be requested within 15 days of receiving the DUI citation. A defense lawyer can represent the minor at the hearing and present arguments to prevent or shorten the license suspension.

How long does a DUI case take in Leon Valley?

The typical timeframe for a minor DUI case ranges from one to four months. Factors that affect the timeline include the availability of court dates, the strength of the evidence, plea negotiations, and whether the case proceeds to trial. Hiring a DUI lawyer early can often lead to a faster and more favorable resolution.

Can a minor get their DUI record sealed or expunged?

In some cases, yes. If the minor qualifies and the case is dismissed or resolved favorably, the record may be eligible for expunction or nondisclosure. These processes remove or seal the charge from public view, helping to protect the minor’s future. This must be requested through a separate legal process, and it’s best to consult with a DUI attorney to explore eligibility.