Texas Driving Laws For Minors – Texas Liquor Code Offenses 106.041 – Operating or operating a watercraft while under the influence of alcohol (“DUI”).
/ Texas Liquor Code Offenses 106.041 – Driving or Operating a Vehicle Under the Influence of Alcohol (“DUI”)
Texas Driving Laws For Minors
The Texas law against driving or operating a watercraft under the influence of alcohol, also known as “DUI,” prohibits children under the age of 21 from operating a motor vehicle or watercraft with any alcohol in their system. with known quantities.
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(a) A minor commits an offense if the minor operates a motor vehicle or watercraft in a public place while the minor has a quantifiable amount of alcohol in his system.
(c) If it is shown at the defendant’s trial that the defendant is a minor who is not a child and has previously been convicted of an offense under this section at least twice, the offense shall be punishable as follows:
(d) In addition to any fine and any order issued under Section 106.115, the court shall order a juvenile convicted of an offense under this section to perform community service:
(1) not less than 20 nor more than 40 hours, if the minor has not previously been convicted of an offense provided for by this section; O
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(2) Not less than 40 hours or more than 60 hours, if the minor has previously been convicted of an offense under this section.
(e) The community service ordered in this section must be related to education or alcohol abuse prevention.
(f) A juvenile who commits an offense under this section and who has previously been convicted of two or more offenses under this section is not eligible for deferred adjudication or deferred adjudication.
(g) An offense under this section is not a crime included in section 49.04, 49.045, or 49.06 of the Penal Code.
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(h) for the purpose of determining whether a juvenile has previously been convicted of an offense under this section:
(1) A determination under title 3, Family Code, that the minor engaged in conduct described in this section is considered a conviction under this section; And
(2) A suspended order for an offense under this section is taken to be a sentence for an offense under this section.
(i) A peace officer who charges a juvenile with an offense under this section is not required to take the juvenile into custody, but may issue the juvenile a summons containing a written notice of the time and place where The minor must appear before a magistrate. . , the name and address of the minor and the charge.
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What is the class of offense for driving or operating under the influence of alcohol in Texas?
Driving or operating a watercraft while under the influence of alcohol by a minor, or DUI, is a Class C misdemeanor for a first offense, punishable by a maximum fine of $500. If a minor is over 17 but under 21, has a prior conviction or two DUI convictions suspended, a third DUI charge is a Class B misdemeanor punishable by up to 180 days in county jail.
What are the penalties for driving or operating a watercraft under the influence of alcohol in Texas?
The penalty for first and second DUI convictions is a maximum of $500 and no jail time. A third conviction for driving or operating a personal watercraft while under the influence of alcohol by a minor over 17 is up to 180 days in jail and a fine between $500 and $2,000.
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What are the penalties for driving or operating a watercraft under the influence of alcohol in Texas?
A minor charged with operating or operating a personal watercraft while under the influence of alcohol as a Class C misdemeanor may be eligible for deferred adjudication for a period not to exceed 180 days.
If a person between the ages of 17 and 21 is charged with a third DUI, a Class B misdemeanor, that person may be eligible for probation after serving a sentence of not more than two years. A minor charged with a third DUI is not eligible for deferred adjudication or deferred disposition.
Texas law requires juveniles convicted of DUI to serve 20 to 40 hours of community service for a first conviction and 40 to 60 hours for subsequent DUI convictions.
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What are the defenses to driving or operating under the influence of alcohol in Texas?
DUI law does not authorize specific defenses for driving or operating a watercraft by a minor while under the influence of alcohol. The accused may attempt to disprove at least one element that the State must prove at trial.
What is the statute of limitations for driving or operating a boat under the influence of alcohol in Texas?
The statute of limitations for boating or operating a boat under the influence of alcohol by a minor is two years.
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Texas law punishes children under the age of 21 who drive a vehicle or operate a watercraft with any known amount of alcohol in their system.
Jurisprudence regarding driving or operation of aircraft by a minor in Texas shows that a minor can be charged with the felony of driving while intoxicated.
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