Presentation on theme: "DUI By W. Clay Abbott DWI Resource Prosecutor Texas District and County Attorneys Association."— Presentation transcript:
DUI By W. Clay Abbott DWI Resource Prosecutor Texas District and County Attorneys Association
Who Cares? Leading Cause of Death 16-21 In 2006 in Texas 1677 alcohol related fatalities 48% of all traffic fatalities in Texas alcohol related 457 16-20 year olds 26.52 of every 100,000 in that group
Minor v. Child? Statutes have not defined the term “juvenile.” 106.01 ABC: defines “minor” to mean a person under age 21. FC: a minor who is a least age 10 and under age 17 is also a “child.”
Procedures Based on Age in DUI No offense if 21 on offense date 17-21 treat offender as an adult 10-16 treat offender as child 9 or under….. –Charge the parents
Status Offenders Section 51.02(15) defines “status offender” as “a child who is accused, adjudicated, or convicted for conduct that would not, under State law, be a crime if committed by an adult.” The statute lists crimes that are status offenses.
Issue of Status Offenders Not Fair Documentable Decrease in Deaths Riskiest Drivers Riskiest Drinkers Generally same scheme as Minor in Possession Gateway
Trial Issues Under Charging Citation v. Arrest Detectable Amount –Minor in Possession –Portable Breath Test –Smell –SFSTs and Observations Operating –Minor in Consumption
Driving Under the Influence Alcoholic Beverage Code Section 106.041 A minor Operates A motor vehicle In a public place Having ANY detectable amount of alcohol in the minor’s system
Driving While Intoxicated Operate A motor vehicle In a public place While Intoxicated –.08 BAC –Loss of Normal Use Section 49.04, Penal Code
Penalty DUI 1st Offense –$1 - $500 Fine –Alcohol Awareness Course –Mandatory Community Service of 20-40 hours related to education about or prevention of misuse of alcohol –Automatic 60 day driver’s license suspension (Court does not order) 2nd Offense –$1 - $500 Fine –Discretionary Alcohol Awareness Course –Mandatory Community Service of 40 to 60 hours –Automatic Driver’s License Suspension of 120 days (Court does not order)
What is a Prior Alcoholic Beverage Code 106.071 (f) Adjudication in Juvenile Court Prior Deferred Disposition under 45.051 As Child or Adult Conviction and Fine Proving Priors is Required –Do you have written judgments?
Waiver of Jurisdiction Procedure –What to include? –Where to send the information? –Response of Juvenile Court?
Penalty - 3rd Offense –Penalty Up to 180 Days $500-2000 Fine 40-60 Hours of CS –Age 17 or Older Filed in County Court No Deferred Adjudication –Under 17 Filed in Juvenile Court
Magistrate Warnings to Juveniles Section 51.095 of the Family Code Applies only to Custodial Interrogation –What about electronic recordings? –Determination of voluntariness
Juvenile’s Appearance Article 45.0215, Code of Criminal Procedure: Open Court Determine sophistication and maturity of juvenile. Article 45.057, Code of Criminal Procedure: Notification of Change of Address Parent’s Appearance ALL pleas on DUI must be in open court before a judge –Alcoholic Beverage Code 106.10
Failure to Appear Of the juvenile: –Jailing juveniles? –Unadjudicated children, now adults –Requirements before 17 th birthday Of the parent –Article 45.202 Code of Criminal Procedure –Waiver of presence?
Sentencing Community Service must be related to education about or prevention of alcohol abuse –If no programs are available in court’s jurisdiction –Court orders CS it considers appropriate to rehabilitation Other general 45.051 conditions may be ordered