Thursday, December 17, 2015

What are the consequences of an underage DUI charge?

Driving under the influence is a serious enough charge where any adult found behind the wheel with blood alcohol content (BAC) of .08% or more is punished with fines and other penalties including license suspension and jail time. However, when it comes to underage DUI, the laws are more stringent. The legal drinking age is 21 and anyone under that age caught behind the wheel with a BAC of .02% or higher, will have their license suspended and face penalties and fines similar to adults.

At a young age you will need a Dallas, TX DUI lawyer. Hopefully this is the last time in your life you ever require the services of a legal representative.

Zero tolerance laws

Dallas DUI attorneys warn that the state has ‘zero tolerance laws’ which makes it illegal for a minor to operate a vehicle after drinking. Any minor found with more than a BAC of .02% can be cited for driving under the influence. It is also important to understand that Texas distinguishes between DWI and DUI. Only minors can be charged with a DUI, a Class C offense that attracts license suspension up to 2 months and fines up to $500. This is in addition to up to 40 hours of community service and mandatory attendance at an alcohol awareness program.

The penalties increase for a 2nd and 3rd offense with fines up to $2,000 and jail time of 180 days in a juvenile facility. While some states have a BAC limit of 0.01% or 0.02%, states like Texas have imposed zero tolerance laws to not only to deter minors from driving drunk but to avoid being penalized and to avoid the possibility of losing federal highway funds.

In zero tolerance states like Texas, minors may also lose their licenses especially if they refuse to take a BAC test such as a breathalyzer, blood, or urine test. The state has adopted the implied consent law where any driver who refuses a BAC test will have his or her license automatically suspended for a year or more, depending on the severity of the case. Not much your Dallas, Texas DUI lawyer can about that but it is worth speaking to one no matter what. Do not assume anything. Your arrest and questioning could possibly be dismissed.

Other charges

In addition to a DUI charge, underage drivers can also be charged with the distribution of alcohol to minors if there are other underage passengers who are also found to be drunk. Other charges include violation of the child endangerment law and possession of false identification if such a document was used to purchase alcohol.

In many instances, underage drivers can be prosecuted as an adult especially if they are over 16. If prosecuted, they would move into the adult criminal justice system, which is normally the case if someone was injured in DUI crash or the minor was previously convicted for similar offenses.

Potential loss of insurance privileges

Underage drivers who are charged with DUI may find their insurance policy terminated by the provider or may find it difficult to have their current policy renewed. Since anyone with a DUI charge is considered high risk, the cost of monthly premiums is likely to be much higher. The offender will also have to furnish an SR-22 certificate to the DMV for reinstatement of their license.

If you or your child have accused of underage DUI, you will want to get the best defense as possible. Don’t hesitate to consult and communicate with a Dallas DUI lawyer as soon as possible. This can easily be achieved if you click your mouse on this link: http://dui-lawyers.usattorneys.com/texas. You can go to this site with your parents who can help you make contact with your first and hopefully last lawyer you will ever need.  

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