soccerfan55 said:
Texas
Age 18
Hello,
First I would like to tell you a bit more about myself. I'm not one of those people that goes out and gets trashed all the time. I dont like drinking so I try to avoid it whenever I can. I have never gotten in trouble with the police before for anything.
I went to a party last night b/c a friend came back to town after moving to another place. I dont like to drink. So lots of people were drinking and they tried to convince me to have a little. After a while, I had a shot or less of something that tasted like rubbing alcohol. After that I stopped drinking.
So our car gets pulled over and I was in the passenger seat and the cop did the light test on me. He said that he didnt think I was intoxicated but wanted me to take a breathalizer test. I said I would preffer not to. So then he started writing up a ticket and I told him that I would take it. So I blew a .018 and he wrote that at the top of the ticket. He gave me the ticket and we left.
How much is a MIC and what other things come along with it. Is my defense of peer pressure and only blowing a .018 bad or decent? Should it give me a maximum penalty or something less severe?
Thank you for the help!
Peer pressure isn't a defense and
only blowing a .018 doesn't get you off the hook either. It simply proves that you were guilty.
From Texas statutes:
§ 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. (a) A minor commits an offense if he consumes an alcoholic beverage.
(b) It is an affirmative defense to prosecution under this section that the alcoholic beverage was consumed in the visible presence of the minor's adult parent, guardian, or spouse.
(c) An offense under this section is punishable as provided by
Section 106.071.
(d) A minor who commits an offense under this section and who has been previously convicted twice or more of offenses under this section is not eligible for deferred disposition. For the purposes of this subsection:
(1) an adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered a conviction of an offense under this section; and
(2) an order of deferred disposition for an offense alleged under this section is considered a conviction of an offense under this section.
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§ 106.071. PUNISHMENT FOR ALCOHOL-RELATED OFFENSE BY MINOR. (a) This section applies to an offense under Section 106.02, 106.025, 106.04, 106.05, or 106.07.
(b) Except as provided by Subsection (c), an offense to which this section applies 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 to which this section applies, the offense is punishable by:
(1) a fine of not less than $250 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:
(
1) the court shall order a minor placed on deferred disposition for or convicted of an offense to which this section applies to perform community service for:
(A) not less than eight or more than 12 hours, if the minor has not been previously convicted of an offense to which this section applies; or
(B) not less than 20 or more than 40 hours, if the minor has been previously convicted once of an offense to which this section applies; and (2) the court shall order the Department of Public Safety to
suspend the driver's license or permit of a minor convicted of an offense to which this section applies or, if the minor does not have a driver's license or permit, to deny the issuance of a driver's license or permit for:
(A)
30 days, if the minor has not been previously convicted of an offense to which this section applies; (B) 60 days, if the minor has been previously convicted once of an offense to which this section applies; or
(C) 180 days, if the minor has been previously convicted twice or more of an offense to which this section applies.
(e) Community service ordered under this section must be related to education about or prevention of misuse of alcohol if programs or services providing that education are available in the community in which the court is located. If programs or services providing that education are not available, the court may order community service that it considers appropriate for rehabilitative purposes.
(f) For the purpose of determining whether a minor has been previously convicted of an offense to which this section applies:
(1) an adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered a conviction under this section; and
(2) an order of
deferred disposition for an offense alleged under this section is considered a conviction of an offense under this section.
(g) In this section, "child" has the meaning assigned by Section 51.02, Family Code.
(h)
A driver's license suspension under this section takes effect on the 11th day after the date the minor is convicted.
(i) A defendant who is not a child and who has been previously convicted at least twice of an offense to which this section applies is not eligible to receive a deferral of final disposition of a subsequent offense.
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§ 106.115. ATTENDANCE AT ALCOHOL AWARENESS COURSE; LICENSE SUSPENSION.
(a) On the placement of a minor on deferred disposition for an offense under Section 49.02, Penal Code, or under Section 106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court shall require the defendant to attend an alcohol awareness program approved by the Texas Commission on Alcohol and Drug Abuse. On conviction of a minor of an offense under one or more
of those sections, the court, in addition to assessing a fine as provided by those sections, shall require a defendant who has not been previously convicted of an offense under one of those sections to attend the alcohol awareness program. If the defendant has been previously convicted once or more of an offense under one or more of those sections, the court may require the defendant to attend the alcohol awareness program. If the defendant is younger than 18 years of age, the court may require the parent or guardian of the defendant to attend the program with the defendant. The Texas Commission on Alcohol and Drug Abuse:
(1) is responsible for the administration of the certification of approved alcohol awareness programs;
(2) may charge a nonrefundable application fee for:
(A) initial certification of the approval; or
(B) renewal of the certification;
(3) shall adopt rules regarding alcohol awareness programs approved under this section; and
(4) shall monitor, coordinate, and provide training to a person who provides an alcohol awareness program.
(b) When requested, an alcohol awareness program may be taught in languages other than English.
(c) The court shall require the defendant to present to the court, within 90 days of the date of final conviction, evidence in the form prescribed by the court that the defendant, as ordered by the court, has satisfactorily completed an alcohol awareness program or performed the required hours of community service. For good cause the court may extend this period by not more than 90 days. If the defendant presents the required evidence within the prescribed period, the court may reduce the assessed fine to an amount equal to no less than one-half of the amount of the initial fine.
(d) If the defendant does not present the required evidence within the prescribed period, the court:
(1) shall order the Department of Public Safety to suspend the defendant's driver's license or permit for a period not to exceed six months or, if the defendant does not have a license or permit, to deny the issuance of a license or permit to the defendant for that period; and
(2) may order the defendant or the parent, managing conservator, or guardian of the defendant to do any act or refrain from doing any act if the court determines that doing the act or refraining from doing the act will increase the likelihood that the defendant will present evidence to the court that the defendant has satisfactorily completed an alcohol awareness program or performed the required hours of community service.
(e) The Department of Public Safety shall send notice of the suspension or prohibition order issued under Subsection (d) by first class mail to the defendant. The notice must include the date of the suspension or prohibition order, the reason for the suspension or prohibition, and the period covered by the suspension or prohibition.
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Simply put, a Class C misdemeanor you could get a fine of up to $500, 8 to 12 hours of community service, loss of driving privileges for 30 days, and attendance at an Alcohol Awareness Course.
