Driving while intoxicated criminalizes very specific behavior. Minors, people under 21 years of age, are not allowed to consume alcohol. It is also a criminal offense or a minor to drive under the influence. A minor, who has a blood alcohol concentration under .08 and has normal use of their faculties, may still be charged with a crime if the minor has a detectable amount of alcohol in the minor’s system.
Alcoholic Beverages Code
Driving or operating watercraft under the influence by minor is listed in section 106.041 of the Texas Alcoholic Beverages Code.
Elements
The state has to prove:
A minor operated a motor vehicle;in a public place while having a detectable amount of alcohol in the minor’s system
Penalties:
DUI Minor is a Class C Misdemeanor and is punishable by:A fine up to $500.00; and
Community Service
Between 20 and 40 hours if the minor has not been previously convicted for this offense; and
Between 40 and 60 hours if the minor has been previously convicted for this offense.
If the minor has been previously convicted at least twice for dui minor,
A fine between $500 and $2,000;
Confinement in jail for a term not to exceed 180 days; or
DUI Minor catches a lot of minors by surprise because it is ingrained in our brains not to drive while intoxicated. But driving under the influence does not incorporate the same concerns for DWI. It does not matter if the minor has the normal use of their mental and physical faculties or blood alcohol concentration over .08.
If you or someone you know has been charged with DUI Minor or DWI, I can help. I will review your case develop a strategy, arrange for the necessary researchers, investigators or experts, investigate your case to provide you with the best defense. If you or someone you know needs to talk to a criminal defense lawyer call (817) 231-0023.
