Legal Question in DUI Law in Texas

Minor DUI

19 yr old daughter charged with minor DUI. Friend on motorcycle wrecked. She was following in car. Stopped when he wrecked. State trooper knew guy injured had been drinking and asked her if she had also. She admitted to 2 beers. Given breathlizer but citation says none given. Ordered to appear in court on OR BEFORE Nov 13.Allowed to be picked up from site. No arrest. Does this mean she will not have to go before judge since no specific date to appear given? What kind of charges is she facing? Also given paper showing suspen. of DL. WHat is best preparation? This is first DUI. Please advise.We are in Harris County.


Asked on 10/28/06, 2:20 pm

1 Answer from Attorneys

John Armstrong The Law Office of John W. Armstrong

Re: Minor DUI

Ordered to appear in court on OR BEFORE Nov 13.Allowed to be picked up from site. No arrest. Does this mean she will not have to go before judge since no specific date to appear given? What kind of charges is she facing? Also given paper showing suspen. of DL. WHat is best preparation? This is first DUI.

First, they will notify her probably about a court date. However, with DL suspension notice she has fifteen (15) days from the date of the ticket, to request a hearing or she will definately loose her license forty days after her arrest. The suspension will be for 60 days. This is an administrative suspension. Read the entire document, "Notice of Suspension and Temporary Drivers License." You need to contact a DWI attorney ASAP, if the attorney is not talking about conducting an Administrative License Revocation Hearing or "ALR" hearing before the State Office of Administrative Hearings you are not talking to a true DWI attorney. If the attorney tells you that your daughter's license will be automatically suspended or there is nothing you can do, get up and walk out of that attorney's office immediately. Your daughter faces a Class C misdemeanor with the punishment being a fine of up to $500.00, an additional possible suspension of her drivers license of up to 60 days in addition to the suspension above, and an alcohol awarness class, plus reenstatement fees to get the drivers license back from the state. Whatever you do, hire an attorney, prferably a DWI attorney, not just anybody because of the pitfalls, and suspensions, etc. Do not just plea your daughter out or do what your parents would have done, and make her own up to her mistake and just pay the fine, she needs an attorney.

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Answered on 10/28/06, 9:21 pm


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