If your minor child has been arrested for DUI or driving under the influence, then you need to hire an experienced criminal defense lawyer who can provide the best legal defense for a drunk driving offense.
People confuse DUI and DWI. Only minors are arrested for DUI. Driving Under the Influence involves a minor driving with any detectable amount of alcohol in their system.
If your minor child has been arrested for DUI, then the state must prove that the minor child was operating a motor vehicle in a public place while having any detectable amount of alcohol in their system. If the police can prove that the minor has a .08 BAC or higher, or that the minor has lost the normal use of their mental or physical faculties, then they will be arrested for the more serious crime of DWI.
(a) A minor commits an offense if the minor operates a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the minor’s system. (b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor. (c) If it is shown at the trial of the defendant that the defendant is a minor who is not a child and who has been previously convicted at least twice of an offense under this section, the offense is punishable by: (1) a fine of not less than $500 or more than $2,000; (2) confinement in jail for a term not to exceed 180 days; or (3) both the fine and confinement. (d) In addition to any fine and any order issued under Section 106.115, the court shall order a minor convicted of an offense under this section to perform community service for: (1) not less than 20 or more than 40 hours, if the minor has not been previously convicted of an offense under this section; or (2) not less than 40 or more than 60 hours, if the minor has been previously convicted of an offense under this section. (e) Community service ordered under this section must be related to education about or prevention of misuse of alcohol.