Drinking and Driving this New Years Eve

I am sure that many of you have seen the billboards across the highways of Texas that read "Drink. Drive. Go to Jail."  Well not exactly.

It is not illegal to drink and drive.  It is illegal to drive while intoxicated (DWI).  Intoxication is defined as losing the normal use of your mental and/or physical faculties or having a blood alcohol level of .08 or more.  The intoxication can be caused by alcohol or some other substance.

DWIs have a boat load of penalties and is a very expensive offense.  Some of the possible penalties include:

First conviction

$2,000 maximum fine
Up to six months behind bars
Suspended driver's license for up to a year
$1,000 every year for three years to keep your driver's license

Second conviction

$4,000 maximum fine
Up to one year in jail
Suspended driver's license for up to two years
$1,500 every year for three years to keep your driver's license

Third conviction

$10,000 maximum fine
Two to ten years in prison
Suspended driver's license for up to two years
$2,000 every year for three years to keep your driver's license

If you are going out tonight, BE CAREFUL!  If you are going to drink and you think you will be over the limit designate a driver, take a cab, or just stay where you are until you are alright to drive.

However, if  you make a mistake and get charged with a DWI or are innocently accused there are many methods available to defend a DWI to eliminate or lessen the penalties associated with driving while intoxicated.

Minor In Possession of Alcohol (MIP)

This week I received a call from a person who attended a seminar that I gave at a local high school on juvenile law hot topics.  The caller had a question about what the penalties are if a minor is cited for being a minor in possession.

Based upon the way the minor in possession law is written, there are numerous scenarios in which a minor could innocently be in possession of alcohol.  For example,the minor could be old enough to get into a club, but not old enough to drink.  While in the club the minor could be holding a drink for a friend that is old enough to drink while that friend is looking in her purse or going to the ladies room.   The list of scenarios are endless.

According to the Texas alcoholic beverage code a minor is a person under the age of 21 years. A person under the age of 21 years can possess alcohol while in the visible presence of  an adult parent, guardian, or spouse or other adult to whom the minor has been committed by a court; while in the course and scope of the minor's employment if the minor is an employee of  a licensee or permittee and the employment is not prohibited; or if the minor is under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of the code.

Other than the provisions listed above a minor cannot touch, hold in his/her hand, transport, attempt to purchase, consume or have any contact with alcohol.

This offense is a Class "C" misdemeanor.  That means that it carries a range of punishment of a fine not to exceed $500.   The punishment range also includes 8 to 12 hours of community service, driver's license suspension  or denial of driver's license application for 30 days, and completion of an alcohol awareness course.

If a minor has 2 prior convictions the punishment range goes up to a fine between $250 and $2,000 and/or a term in the county jail not to exceed 6 months, driver's license suspension or denial for 60 days for one prior conviction, driver's license suspension or denial for 6 months if 2 prior convictions.