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Charge: DWI - Client involved in major accident. Failed field sobriety tests. Breath test of .28 - over 3 times the legal limit.

Verdict: NOT GUILTY

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Underage DWI and MIP

Like every US state, Texas law prohibits people under the age of 21 from drinking alcohol. If a person in this age group is found in possession of an alcoholic beverage, he or she can be charged with Minor in Possession of Alcohol, or MIP. In addition, if a person under 21 is arrested for driving under the influence of alcohol, he or she can face severe legal penalties.

If you or your child has been accused of MIP or underage drunk driving, you need dedicated legal help. To discuss your legal options with the experienced Houston underage DUI lawyers of Johnson, Johnson & Baer, P.C., contact us today at 713-222-0400.

MIP and Texas Law

In Texas, a minor is considered to be in possession of alcohol if he or she purchases, transports, holds, consumes, or even touches an alcoholic beverage. This law also includes minors traveling in cars in which alcoholic beverages are readily available (meaning stored on the floor, in a seat, or in the dashboard). MIP is a Class C misdemeanor in Texas.

If you are convicted of being a minor in possession of alcohol, you could face penalties such as:

  • A fine of $250 – $2,000
  • Up to 180 days in jail
  • 8 – 12 hours of community service (20 – 40 hours for a second offense)
  • Driver’s license suspension up to 30 days (longer for second or third offenses)

It is important to note that there are some circumstances in which a minor is allowed to handle alcohol. For example, if a minor is in the company of his or her adult spouse, parent, or guardian, he or she may transport and consume alcohol. A minor can also handle (but not consume) alcoholic beverages as part of his or her job.

Underage DWI and DUI

Texas law makes a distinction between DWI (driving while intoxicated) and DUI (driving under the influence of alcohol). DWI refers to driving with a blood alcohol content (BAC) of .08 or above; DUI refers to driving with a BAC between .01 and .08. Only people under the age of 21 can be charged with DUI.

For underage drivers, the penalties for DUI include:

  • Driver’s license suspension up to 60 days
  • A fine up to $500
  • 20 – 40 hours of community service
  • Mandatory alcohol awareness classes

The penalties for underage DWI can include:

  • Driver’s license suspension for 90 days to 1 year
  • A fine up to $2,000
  • 72 hours – 180 days in jail
  • Further penalties for underage drinking or MIP

It is important to note that all of the penalties listed here are for a first-time offense. Second or subsequent offenses are generally punished more harshly.

As you can see, anyone charged with underage DWI or DUI faces severe financial losses and legal restrictions. If you or a loved one has been accused of this offense, you need the assistance of an experienced Houston DUI defense attorney.

Contact Us

The Houston DWI lawyers of Johnson, Johnson & Baer, P.C., work hard on behalf of each of our clients. Contact us today by calling 713-222-0400 to learn more about the legal services we offer.

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