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mytwocents-28

By mytwocents-28
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tvc184

tvc184

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Okay wanna start this of by saying this question is not about me lol. It's about a friend.

First offense DUI. What consequences come with it??


Do you nean DWI and in TX?

If so, a regular DWI is a class B misdemeanor. That penalty range is up to a $2,000 fine and/or up to 180 days in jail with a 3 day minimum sentence.

Typically probation is given on the first offense with maybe a $500 fine.

Anything specific you need to know?
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tvc184

tvc184

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Okay so a first offense would mean probation and a small fine?? It's happening to a friend of mine and I just want know what he's in for.

It "could" be the full sentence on the first offense but I have never seen jail accessed on a first timer.

And like hippy said, probation is not a free ride (about $3,000 a year in fees in addition to the fine) and you have to attend some schools and comply with quite a few rules.
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mytwocents-28

mytwocents-28

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It "could" be the full sentence on the first offense but I have never seen jail accessed on a first timer.

And like hippy said, probation is not a free ride (about $3,000 a year in fees in addition to the fine) and you have to attend some schools and comply with quite a few rules.

Okay. What kind of schools do you have to attend and what rules do you have to comply with??
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TxHoops

TxHoops

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Most likely 1 year probation. $300-500 fine. $60 month probation fees. $1500 assessment from dps on license. A DWI education class and Victim Impact Panel (depending on county could be called something different but basically the same classes). Both are basically 1 day classes, usually on Saturday. Rules are don't get arrested, don't drink or do drugs, don't go in bars or similar places, and frequently a curfew is imposed unless you are working nights.
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thetragichippy

thetragichippy

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Most likely 1 year probation. $300-500 fine. $60 month probation fees. $1500 assessment from dps on license. A DWI education class and Victim Impact Panel (depending on county could be called something different but basically the same classes). Both are basically 1 day classes, usually on Saturday. Rules are don't get arrested, don't drink or do drugs, don't go in bars or similar places, and frequently a curfew is imposed unless you are working nights.

 

I just had a friend complete their 2 year probation and that's where I got my numbers.....

 

and those are the rules....basically, be a model citizen

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TxHoops

TxHoops

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I just had a friend complete their 2 year probation and that's where I got my numbers.....

and those are the rules....basically, be a model citizen


2 yrs is steep on a class B. 1 yr is pretty standard. Have seen 2 yrs though in cases involving an extremely high blood alcohol content or an accident.
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thetragichippy

thetragichippy

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See he wasn't even legally drunk. Blew like a .05. But he's underage. Does that change things??

 

 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.

 

http://dwi.austindefense.com/2006/11/articles/-texas-dwi-laws/driving-under-the-influence-of-alcohol-by-minor-texas-dui-section-106041-alcoholic-beverage-code/

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tvc184

tvc184

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He's not a minor. He's 20. He's just not legally drinking age.

 

He is a minor.

 

There are all kinds of definitions of juvenile, child and minor in the laws and they do not always coincide. For age restrictions on alcohol, under 21 is  a minor.

 

Other examples are that for any criminal act, you are an adult at 17. For injury a "child", the child mean someone less than means a person 14 or under. So in that case (being beaten up), an adult starts at 15. For buying a handgun from a dealer it is 21. For allowing a child to have access to a readily dischargeable weapon, it is 17. 

 

With no more a three year difference of age, you can have sex with consent at 14. 

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TxHoops

TxHoops

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I thought you could be convicted even if you blow under legal limit. This is starting to get over my head....lol

 

Actually, I have seen prosecutors try cases (in Jefferson County), when the person blew under a .08.  There is an either/or scenario in the statute:  You have a BAC of .08 or higher; or, you do not have normal use of your faculties (paraphrasing but that's close).  IMO, it's BS - why even have a .08 limit if you aren't going to abide by it either way.  Most juries will recognize this and "walk" the person if they are under the legal limit with no allegations of other substances (e.g., pills).  And you guys are correct, if you aren't of the legal age to drink, you are a minor and any detectable amount of alcohol in your system is an offense.

 

Here's another element that has never made sense to me:  On a first offense, if you are under 21 and give a breath specimen, the DL suspension is for 60 days.  If you are over 21 and give a breath specimen, it's over 90 days.  I guess the motivation is that any amount is an offense if you are under 21, so encourage them to blow.  However, it seems to me it ought to be more penal in you aren't even old enough to drink in the first place.

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