Dallas DUI Lawyer – Questions

Penalties for Driving Under the Influence of Alcohol by Minor

• A minor commits an offense if the minor operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor’s system.
• Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor.
• If it is shown at the trial of the defendant that the defendant is a minor who is not a child and who has been previously convicted at least twice of an offense under this section, the offense is punishable by:
  • a fine of not less than $500 or more than $2,000;
  • confinement in jail for a term not to exceed 180 days; or
  • both the fine and confinement.
• In addition to any fine and any order issued under Section 106.115, the court shall order a minor convicted of an offense under this section to perform community service for:
  • not less than 20 or more than 40 hours, if the minor has not been previously convicted of an offense under this section; or
  • not less than 40 or more than 60 hours, if the minor has been previously convicted of an offense under this section.
• Community service ordered under this section must be related to education about or prevention of misuse of alcohol.
• A minor who commits an offense under this section and who has been previously convicted twice or more of offenses under this section is not eligible for deferred adjudication.
• An offense under this section is not a lesser included offense under Section 49.04, Penal Code.
• For the purpose of determining whether a minor has been previously convicted of an offense under this section:
  • an adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered a conviction under this section; and
  • an order of deferred adjudication for an offense alleged under this section is considered a conviction of an offense under this section.
• A peace officer who is charging a minor with committing an offense under this section is not required to take the minor into custody but may issue a citation to the minor that contains written notice of the time and place the minor must appear before a magistrate, the name and address of the minor charged, and the offense charged.