DUI:
 
As your attorney, I will protect all of your rights and hold the State of Texas to the most rigorous standards under the law.

DUI BY A MINOR

Any Offense DUI by a Minor (10 years of age or older but less than 17) (“Delinquent Conduct” under the Family Code) - Punishable by a fine up to $500.00, not less than 40 nor more than 60 hours of community service, and the minor's driver license may be suspended (or driving privilege denied).

1st Offense DUI by a Minor (17 years of age or older but less than 21) (Class C misdemeanor) - Punishable by a fine of up to $500.00, not less than 20 nor more than 40 hours of community service. Attendance in an Alcohol Awareness Course is required and, if the minor is under 18, the parent may be required to attend the course. The minor's driver license will be suspended (privilage denied) for 120 days.

2nd Offense DUI by a Minor (17 years of age or older but less than 21) (Class C misdemeanor) - Punishable by a fine of up to $500.00, not less than 40 nor more than 60 hours of community service. The Alcohol Awareness Course may be required. Drivers license (privilage denied) will be suspended up to a year.

3rd Offense DUI by a Minor (17 years of age or older but less than 21) ( Class B misdemeanor) - Punishable by a fine not less than $500.00 or more than $2,000.00, not less than 40 nor more than 60 hours of community service, and/or confinement in jail not to exceed 180 days. Drivers license (privilage denied) will be suspended up to a year.

The court may not give deferred disposition on the third offense of DUI by a minor. - Texas Drivers Handbook

 
 
 
 
Driving Under The Influence Of Alcohol By A Minor

Zero Tolerance For Minors

In Texas a “minor” is someone under 21 years of age. Generally speaking, a minor may not purchase, attempt to purchase, consume, or even possess an alcoholic beverage.

Since a minor should not even possess an alcoholic beverage, the 1997 Texas Legislature adopted Senate Bill 35, which established ZERO TOLERANCE for minors who commit offenses involving alcohol.

ZERO TOLERANCE means just that. Even if a minor is not intoxicated as defined under the DWI statute, if the minor has ANY detectable amount of alcohol in his system while he or she is operating a motor vehicle in a public place, as far as the law is concerned, the minor driver has committed the criminal offense of Driving Under the Influence of Alcohol by a Minor (DUI by a Minor). - Texas Drivers Handbook

 
If a minor is aprehended driving a motor vehicle with a .08 Blood Alcohol Content or higher, he or she may be charged with the more severe Driving While Intoxicated (DWI).
 

IMPLIED CONSENT LAWS AS THEY APPLY TO MINORS

In Texas, if a person is arrested for an offense arising out of acts alleged to have been committed while the person was operating a motor vehicle in a public place, or a watercraft, while intoxicated, or the person is a minor and has ANY detectable amount of alcohol in their system while operating a motor vehicle in a public place, the person is deemed to have consented to submit to the taking of one or more specimens of the person's breath or blood for analysis to determine the alcohol concentration or the presence in the person's body of a controlled substance, drug, dangerous drug, or other substance. Refusal to provide a specimen results in the suspension of the driving privilege and any driver license. The suspension for a minor who refuses is 180 days for the first refusal, and 2 years for subsequent refusals. A minor who gives a specimen which confirms that he or she has been operating a motor vehicle in a public place with ANY detectable amount of alcohol in their system (but which is below the 0.08% BAC legal limit of intoxication) will have their driver license suspended (or their driving privilege will be denied if unlicensed) for 60 days for the first offense, for 120 days for the second offense, and for 180 days for the third and subsequent offenses. The minor may request a hearing before an Administrative Law Judge to contest the suspension. - Texas Drivers Handbook

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Driving While Intoxicated (DWI) is different than Driving Under the Influence (DUI).

A DWI involves a person age 21 or over driving a motor vehicle with a .08 Blood Alcohol Content.

 
 

If you are charged with a DUI, you will have two cases to deal with:

1. your criminal charge of DUI,

2. you will also have a civil case to deal with possible suspension of your drivers license (ALR).

 

 

   

The information contained in this web site is intended to convey general information about Sarah Duncan, Attorney at Law. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship. Any email sent via the Internet to Sarah Duncan, Attorney at Law, using email addresses listed in this web site would not be confidential and would not create an attorney-client relationship. Copyright © 2011 Sarah Duncan, Attorney at Law, all rights reserved.

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Sarah Duncan defends people throughout North Texas including but not limited to people living in Dallas/Ft. Worth, Texas, metro area, Addison, Balch Springs, Carrollton, Cedar Hill, Cockrell Hill, Combine, Coppell, Dallas, DeSoto, Duncanville, Farmers Branch, Garland, Grand Prairie, Glenn Heights, Highland Park, Hutchins, Irving, Lancaster, Mesquite, Richardson, Rowlett, Sachse, Seagoville, Sunnyvale, University Park, Wilmer, Arlington, Azle, Bedford, Benbrook, Bisbee, Blue Mound, Bransford, Castle Hill Estate, Colleyville, Crowley, Dalworthington Gardens, Eagle Mountain, Edgecliff Village, Euless, Everman, Forest Hill, Fort Worth, Garden Acres, Grapevine, Haltom City, Handley, Haslet, Hurst, Johnsons Station, Keller, Kennedale, Lake Worth, Lakeside, Lindberg, Lytle, Mansfield, Minters Chapel, North Richland Hills, Old Union, Pantego, Pecan Acres, Pelican Bay, Rendon, Richland Hills, River Oaks, Saginaw, Sansom Park, Smithfield, Southlake, Southland Acres, Sublett, Tarrant, Tate Springs, Watauga, Watsonville, Webb, Westlake, Westland, Westover Hills, Westworth, White Settlement, Plano, Denton, Rockwall, Waxahachie, Paris, Dallas County, Tarrant County, Collin County, Denton County, Rockwall County, Ellis County, Wise County, Kaufman County, Johnson County, Hood County, Parker County, DFW, Metroplex.