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DUI PENALTIES FOR MINORS

April 8th, 2009

Generally, the penalties for DUI as a minor, in addition to suspension of your driving license, include:

1st Offense: Class C misdemeanor. If you are under age 18 the court will require your parent or guardian to be present with you at every court appearance. Furthermore, the parent or guardian can be forced to attend by the court. Upon conviction, a minor may be fined, and will be required to complete a minimum of 20 and a maximum of 40 hours community service related to education about or prevention of misuse of alcohol. Additionally, the minor will be required to attend an alcohol awareness program sponsored by the Texas Commission on Alcohol and Drug Abuse within 90 days. Furthermore, if the minor is under age 18, the court may require the minor’s parent or guardian to attend the program with the minor. If the minor fails to complete the alcohol awareness course within the 90 day period the court may impose an additional license suspension up to six months. For a first offense the minor may receive deferred adjudication, however, an order of deferred adjudication for DUI is considered a conviction. If the minor receives only one conviction for DUI (while a minor), that conviction may be expunged from his record after his 21st birthday.

2nd Offense: Everything for a first-offense conviction applies to a second conviction, with the following exceptions: The minor will be required to complete a minimum of 40 and a maximum of 60 hours community service related to education about or prevention of misuse of alcohol. Furthermore, a second or any subsequent conviction may not be expunged from your record, however, the minor may still receive deferred adjudication for a second offense.

3rd Offense: Class B misdemeanor. For a third offense the minor will still be required to complete between 40 and 60 hours of community service, however deferred adjudication is no longer an option. As with the first two offenses the minor will be required to attend an alcohol awareness program within 90 days of your conviction, and if the minor is under age 18 a parent or guardian will be required to attend both the minor’s court appearances and the alcohol awareness program. If, on the other hand, the minor is 18 years of age or older at the time of his third offense, the penalty is much higher. Specifically, the minor will receive a fine ranging from $500.00 to $2,000.00; confinement in jail for up to 180 days; or both a fine and some jail time in addition to a license suspension.

J. Cole Brooks DWI & DUI Penalties, DWI/DUI LAW

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