While drinking and driving at any age comes with serious consequences, the laws applied to underage drivers can have unique penalties. Zero-tolerance laws, for example, have a lower blood alcohol content threshold for minors (0.02 percent or lower). Other laws, dubbed use-and-lose laws, can have consequences for minors even if they aren't behind the wheel after consuming alcohol. A DUI attorney can help if your minor child has been arrested under one of these types of laws, but there are a few things you'll need to understand about the laws. Here is a brief guide to help you better understand use-and-lose laws.
The Intent
Use-and-lose laws were created to prevent minors from purchasing or consuming drugs and alcohol in addition to preventing them from operating a vehicle while intoxicated. States with these laws in place have different thresholds for using this type of law. In Missouri, for example, a minor caught misrepresenting or altering a driver's license can face a penalty under the use-and-lose law. This means that if a person under the age of 21 tries to use a fake identification card in an attempt to purchase alcohol, they could get into trouble with the law. Your DUI attorney will be able to help you navigate the law as it exists in your state.
The Punishment
Like other laws aimed at minors using alcohol, use-and-lose laws sometimes include the suspension of the minor's driver's license. In Texas, a minor can have a license suspended or revoked for purchasing, possessing, or consuming alcohol. The suspension may last for 30 days, but your DUI attorney will help you to understand the possible punishments for your individual case.
The Exceptions
As with any law, there are exceptions. For example, as a parent, you may have alcohol in your home. Although your child shares a home with you, the alcohol's existence in the home might not equal possession on the part of your child. Under Texas law, you may even give your child alcohol, but your or their giving it to his or her friends can be a problem. If one of your child's friends has obtained alcohol from your home that you intended for use by your child, you should consider contacting an attorney.
A DUI attorney can help you to navigate the use-and-lose laws to provide your child with a defense in court. Remember that convictions can have a lasting effect on your child's future schooling and employment options. Whether your child was caught drinking and driving or just in possession of alcohol, consider contacting an attorney give your child the legal defense he or she is entitled to.
Talk to a firm such as Kassel & Kassel A Group of Independent Law Offices for more information.
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