Driving Under the Influence (DUI) and Other Alcohol-Related Offenses for Minors: Definitions and Penalties

By Independent Staff Writer

What is a Charge of DUI?
· If you are under the age of twenty-one (21) and you are found to have been driving in Texas with any measurable Blood Alcohol Content (BAC), then you may be charged with DUI, or Driving Under the Influence; 

·  It is important to note that Texas is a zero-tolerance state, which means that BAC measurements do not have to meet the 0.08% minimum to result in a minor being charged with DUI. Moreover, if a minor charged with DUI is determined to have a BAC of 0.08% or higher, then he or she may be subject to more severe penalties, described in more detail further below. 

· If a minor charged with DUI is under the age of 18, he or she must have a parent or guardian present with him or her at all court appearances, and at any court mandated Alcohol Awareness Program classes.

 · If, after a conviction, a minor satisfactorily fulfills all of the court’s requirements, he or she may be able to have his or her record expunged at the age of twenty-one.

What are the Penalties for a Charge of DUI? 

A First Offense DUI (any measurable BAC) is considered a “Class C” Misdemeanor, with the following penalties:

· A fine of up to $500;

· A sixty (60) day Driver’s License Suspension;

· A defined period of Community Service;

· Mandatory enrollment in a Program for Alcohol Awareness;

 A DUI with a BAC of 0.08% or higher will result in the following, more severe penalties:

 · Incarceration for up to 180 days;

· A fine of up to $2000;

· A one year Driver’s License Suspension;

Other Alcohol-Related Charges against Minors:

What is a Charge of MIP?
If you are under the age of 21, and are found to be in possession of alcohol, then you may be charged with MIP, or Minor in Possession (of Alcohol);

What is a Charge of MIC?
If you are under the age of 21, and are found to have been consuming alcohol, then you may be charged with MIC, or Minor in Consumption (of Alcohol);

 
Miscellaneous:
It is important to note that with regard to all of these offenses (in spite of what some defense attorneys and/or prosecutors may indicate), there is no guarantee that a conviction for any of these offenses will simply be deleted from the offending minor’s criminal record once they turn twenty-one (21). In fact, it is much more likely that such a conviction will become a permanent part of both the offending minor’s driving record and more importantly, their criminal record as well.