Legal Question in Civil Rights Law in Texas

Minor in Consumption

I received a minor in consumption last night after my friend was arrested for DWI. I was in his car and they took me out and said my breathe smelled like alcohol and wrote me a ticket (then told me to walk home). This was in Austin, Texas. This is my first run in with the law pretty much aside from a speeding ticket when I was younger. I realize that it's a class c misdemeanor (and therefore realize i'm subject to AA class, $500 maximum fine, 30 day suspension of license, and some community service). Is there any way for me to get this removed off of my record? Would you recommend an attorney to lessen the penalties at least? I really don't want something like that on my record.


Asked on 8/23/08, 11:43 pm

1 Answer from Attorneys
Roger Evans Mathis & Donheiser

Re: Minor in Consumption

If you are convicted or plead guilty or no contest, it will go on your record. There is always the possibility of expungement, but I am presuming you are not a minor and therefore it is less likely that you can get it removed. You should get a lawyer and try to fight this, but be prepared to pay at least a thousand dollars and likely more. These are the unfortunate consequences.

If they didn't take a breathalyzer, you may have a better chance of beating the charge. You are fortunate you were not incarcerated. I expect your friend was not so fortuante. In any event, be sure to make all your court appearances so that you do not run the risk of more charges.

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Answered on 8/25/08, 12:08 pm


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