{"id":132274,"date":"2022-01-05T00:07:37","date_gmt":"2022-01-05T00:07:37","guid":{"rendered":"https:\/\/webpublishingforlawyers.com\/ggg\/?page_id=132274"},"modified":"2022-01-07T23:53:07","modified_gmt":"2022-01-07T23:53:07","slug":"alcohol-offenses","status":"publish","type":"page","link":"https:\/\/webpublishingforlawyers.com\/ggg\/criminal-defense\/alcohol-offenses\/","title":{"rendered":"Alcohol Offenses"},"content":{"rendered":"<p>[et_pb_section fb_built=&#8221;1&#8243; admin_label=&#8221;section&#8221; _builder_version=&#8221;4.14.5&#8243; custom_padding=&#8221;0px||||false|false&#8221; global_colors_info=&#8221;{}&#8221; theme_builder_area=&#8221;post_content&#8221;][et_pb_row admin_label=&#8221;row&#8221; _builder_version=&#8221;4.14.5&#8243; background_size=&#8221;initial&#8221; background_position=&#8221;top_left&#8221; background_repeat=&#8221;repeat&#8221; width=&#8221;100%&#8221; module_alignment=&#8221;center&#8221; hover_enabled=&#8221;0&#8243; global_colors_info=&#8221;{}&#8221; theme_builder_area=&#8221;post_content&#8221; custom_padding=&#8221;0px||||false|false&#8221; sticky_enabled=&#8221;0&#8243;][et_pb_column type=&#8221;4_4&#8243; _builder_version=&#8221;3.25&#8243; custom_padding=&#8221;|||&#8221; global_colors_info=&#8221;{}&#8221; custom_padding__hover=&#8221;|||&#8221; theme_builder_area=&#8221;post_content&#8221;][et_pb_text admin_label=&#8221;Text&#8221; _builder_version=&#8221;4.14.5&#8243; background_size=&#8221;initial&#8221; background_position=&#8221;top_left&#8221; background_repeat=&#8221;repeat&#8221; global_colors_info=&#8221;{}&#8221; theme_builder_area=&#8221;post_content&#8221;]<\/p>\n<h2>Boating While Intoxicated (BWI)<\/h2>\n<p>In Texas, it is illegal to operate a boat with a blood alcohol content of 0.08 or higher (the same as that for a DWI).<\/p>\n<h4>Typical Penalties for BWI Include:<\/h4>\n<p>First conviction carries a fine up to $2,000 and\/or jail time up to 180 days.<br \/>Second conviction carries a fine up to $4,000 and\/or jail time up to one year.<br \/>Third conviction carries a fine up to $10,000 and\/or jail time of 2-10 years.<a id=\"alr\" name=\"alr\"><\/a><\/p>\n<h3>Administrative License Revocation Hearing (ALR)<\/h3>\n<p>ALR went into effect on January 1, 1995. This program is the administrative process by which the Department suspends the driver licenses of individuals who are arrested for the offense of driving while intoxicated (DWI). Specifically, an individual may be suspended if he\/she either refused to submit to a chemical test or provided a specimen with an alcohol concentration of 0.08 or greater. The DPS is also authorized to suspend the driver licenses of minors who commit the offense of driving under the influence (DUI).<\/p>\n<p>The Texas Legislature recently enhanced the program by amending the governing statutes to require that the arresting officer confiscate the offender\u2019s Texas driver license upon service of a Notice of Suspension and issue a 40-day temporary permit. In addition, the amendments provided for increased suspension periods, as well as a suspension for individuals who refuse to provide a specimen following an arrest for the offense of boating while intoxicated (BWI).<\/p>\n<p><a href=\"https:\/\/webpublishingforlawyers.com\/ggg\/alr-hearing\/\">Learn More about Administrative License Revocation Hearing (ALR)<\/a><a id=\"suspension\" name=\"suspension\"><\/a><\/p>\n<h3>Driver\u2019s License Suspension<\/h3>\n<p>When a driver is arrested s\/he is supposed to be given a choice of a providing a breath or blood alcohol content (BAC) level test. An automatic suspension can take place if any one of the following occurs:<br \/>(1) A test indicates BAC higher than .08 of blood-alcohol or more, or<br \/>(2) a blood or urine sample is taken for later analysis, or<br \/>(3) the individual refuses to submit to breath or blood alcohol content (BAC) level test.<\/p>\n<p>During the above mentioned scenarios, the driver\u2019s license is usually immediately confiscated by the police officer (unless it is an out-of-state license) and s\/he is issued a pink sheet of paper. This paper serves as (1) a formal notice of immediate license suspended, (2) a temporary license valid for 30 days and (3) a technical explanation of the laws and procedures involved. You have 15 days from the date of the offense to request an Administrative License Revocation (ALR) hearing. If this is done within the15-day period, the temporary license \u201cpink paper\u201d is valid until the ALR Judge takes formal action at the hearing. This ALR suspension is based upon the so-called \u201cimplied consent\u201d laws: any person driving is \u201cpresumed\u201d to imply consent to a breath or blood alcohol content (BAC) level test if s\/he is suspected of DWI\/DUI.<\/p>\n<p><a href=\"https:\/\/web.archive.org\/web\/20200720095458\/https:\/ggglawfirm.com\/practice-areas\/criminal-defense\/alcohol-offenses\/drivers-license-suspension\/\" rel=\"noopener\">Learn More about Driver\u2019s License Suspension<\/a><\/p>\n<h3>Minor in Possession of Alcohol<\/h3>\n<p>If you are under 21 years of age and found in possession of an alcoholic beverage you may be charged with Minor in Possession or M.I.P. Anytime a minor is near where alcohol is present, they risk being charged with M.I.P. It is irrelevant that the minor did not purchase or own the alcohol. Further it does not matter that the minor did not consume the alcohol. For example, a minor who is at a party, restaurant, club, or in a car where alcohol is accessible and in their possession may face M.I.P. charges.<\/p>\n<p>It is imperative to hire an experience attorney to fight the M.I.P. charge against you or your child. M.I.P. may sound harmless, but it actually carries with it severe penalties such as expensive fines, loss of drivers license privileges, and even the possibility of jail time. Further, a conviction for M.I.P. will appear on your criminal record. In today\u2019s competitive market, even an M.I.P. can affect job and education opportunities.<\/p>\n<p><a href=\"https:\/\/webpublishingforlawyers.com\/ggg\/minor-in-possession\/\">Learn More about Minor in Possession<\/a><\/p>\n<h3>Occupational License Process<\/h3>\n<p>You MUST give all of the information on the following page to the paralegal <strong>BEFORE NOON ON THURSDAY<\/strong> to schedule your hearing for the <strong>FOLLOWING TUESDAY<\/strong>, in a <strong>PENDING CASE<\/strong>. If you have already been <strong>CONVICTED<\/strong>, you <strong>WILL NOT<\/strong> have a hearing until the <strong>NEXT TUESDAY<\/strong>. You <strong>MUST APPEAR<\/strong> before the <strong>JUDGE<\/strong> and <strong>GIVE TESTIMONY<\/strong> at your hearing.<\/p>\n<p><a href=\"https:\/\/webpublishingforlawyers.com\/ggg\/occupational-license-process\/\">Learn More about Occupational License Process<\/a><\/p>\n<h3>Texas DWI Penalties, Fines &amp; Sentencing<\/h3>\n<p>When faced with a Texas DWI arrest and\/or conviction, there are a number of issues to consider: Will you have to serve jail time? If so, for how long? Or is probation a possibility? What will you owe in fines? Will your license be suspended, and for how long? Will you have to go to a DWI school or do community service? Here are the basic laws regarding Texas DWI fines and sentencing.<\/p>\n<p>Learn More about Texas DWI Penalties, Fines &amp; Sentencing<\/p>\n<p>[\/et_pb_text][et_pb_divider color=&#8221;rgba(3,46,90,0.41)&#8221; divider_position=&#8221;center&#8221; _builder_version=&#8221;4.14.5&#8243; _module_preset=&#8221;default&#8221; width=&#8221;80%&#8221; module_alignment=&#8221;center&#8221; custom_padding=&#8221;5vh||5vh||true|false&#8221; global_colors_info=&#8221;{}&#8221; theme_builder_area=&#8221;post_content&#8221; global_module=&#8221;133038&#8243; saved_tabs=&#8221;all&#8221;][\/et_pb_divider][\/et_pb_column][\/et_pb_row][et_pb_row _builder_version=&#8221;4.14.5&#8243; _module_preset=&#8221;default&#8221; width=&#8221;100%&#8221; module_alignment=&#8221;center&#8221; custom_padding=&#8221;0px||||false|false&#8221; global_colors_info=&#8221;{}&#8221; theme_builder_area=&#8221;post_content&#8221;][et_pb_column type=&#8221;4_4&#8243; _builder_version=&#8221;4.14.5&#8243; _module_preset=&#8221;default&#8221; global_colors_info=&#8221;{}&#8221; theme_builder_area=&#8221;post_content&#8221;][et_pb_text _builder_version=&#8221;4.14.5&#8243; _module_preset=&#8221;default&#8221; global_colors_info=&#8221;{}&#8221; theme_builder_area=&#8221;post_content&#8221;]<\/p>\n<h3>From Our Blog:<\/h3>\n<p>[\/et_pb_text][et_pb_blog include_categories=&#8221;43&#8243; show_thumbnail=&#8221;off&#8221; show_more=&#8221;on&#8221; show_author=&#8221;off&#8221; show_date=&#8221;off&#8221; show_categories=&#8221;off&#8221; show_pagination=&#8221;off&#8221; _builder_version=&#8221;4.14.5&#8243; _module_preset=&#8221;default&#8221; header_font_size=&#8221;22px&#8221; read_more_font=&#8221;||||||||&#8221; global_colors_info=&#8221;{}&#8221; theme_builder_area=&#8221;post_content&#8221;][\/et_pb_blog][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Boating While Intoxicated (BWI) In Texas, it is illegal to operate a boat with a blood alcohol content of 0.08 or higher (the same as that for a DWI). Typical Penalties for BWI Include: First conviction carries a fine up to $2,000 and\/or jail time up to 180 days.Second conviction carries a fine up to [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":132285,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"<h2>Boating While Intoxicated (BWI)<\/h2>\r\nIn Texas, it is illegal to operate a boat with a blood alcohol content of 0.08 or higher (the same as that for a DWI).\r\n<h4>Typical Penalties for BWI Include:<\/h4>\r\nFirst conviction carries a fine up to $2,000 and\/or jail time up to 180 days.\r\nSecond conviction carries a fine up to $4,000 and\/or jail time up to one year.\r\nThird conviction carries a fine up to $10,000 and\/or jail time of 2-10 years.<a id=\"alr\" name=\"alr\"><\/a>\r\n<h3>Administrative License Revocation Hearing (ALR)<\/h3>\r\nALR went into effect on January 1, 1995. This program is the administrative process by which the Department suspends the driver licenses of individuals who are arrested for the offense of driving while intoxicated (DWI). Specifically, an individual may be suspended if he\/she either refused to submit to a chemical test or provided a specimen with an alcohol concentration of 0.08 or greater. The DPS is also authorized to suspend the driver licenses of minors who commit the offense of driving under the influence (DUI).\r\n\r\nThe Texas Legislature recently enhanced the program by amending the governing statutes to require that the arresting officer confiscate the offender\u2019s Texas driver license upon service of a Notice of Suspension and issue a 40-day temporary permit. In addition, the amendments provided for increased suspension periods, as well as a suspension for individuals who refuse to provide a specimen following an arrest for the offense of boating while intoxicated (BWI).\r\n\r\n<a href=\"https:\/\/webpublishingforlawyers.com\/ggg\/alr-hearing\/\">Learn More about Administrative License Revocation Hearing (ALR)<\/a><a id=\"suspension\" name=\"suspension\"><\/a>\r\n<h3>Driver\u2019s License Suspension<\/h3>\r\nWhen a driver is arrested s\/he is supposed to be given a choice of a providing a breath or blood alcohol content (BAC) level test. An automatic suspension can take place if any one of the following occurs:\r\n(1) A test indicates BAC higher than .08 of blood-alcohol or more, or\r\n(2) a blood or urine sample is taken for later analysis, or\r\n(3) the individual refuses to submit to breath or blood alcohol content (BAC) level test.\r\n\r\nDuring the above mentioned scenarios, the driver\u2019s license is usually immediately confiscated by the police officer (unless it is an out-of-state license) and s\/he is issued a pink sheet of paper. This paper serves as (1) a formal notice of immediate license suspended, (2) a temporary license valid for 30 days and (3) a technical explanation of the laws and procedures involved. You have 15 days from the date of the offense to request an Administrative License Revocation (ALR) hearing. If this is done within the15-day period, the temporary license \u201cpink paper\u201d is valid until the ALR Judge takes formal action at the hearing. This ALR suspension is based upon the so-called \u201cimplied consent\u201d laws: any person driving is \u201cpresumed\u201d to imply consent to a breath or blood alcohol content (BAC) level test if s\/he is suspected of DWI\/DUI.\r\n\r\n<a href=\"https:\/\/web.archive.org\/web\/20200720095458\/https:\/ggglawfirm.com\/practice-areas\/criminal-defense\/alcohol-offenses\/drivers-license-suspension\/\">Learn More about Driver\u2019s License Suspension<\/a>\r\n<h3>Minor in Possession of Alcohol<\/h3>\r\nIf you are under 21 years of age and found in possession of an alcoholic beverage you may be charged with Minor in Possession or M.I.P. Anytime a minor is near where alcohol is present, they risk being charged with M.I.P. It is irrelevant that the minor did not purchase or own the alcohol. Further it does not matter that the minor did not consume the alcohol. For example, a minor who is at a party, restaurant, club, or in a car where alcohol is accessible and in their possession may face M.I.P. charges.\r\n\r\nIt is imperative to hire an experience attorney to fight the M.I.P. charge against you or your child. M.I.P. may sound harmless, but it actually carries with it severe penalties such as expensive fines, loss of drivers license privileges, and even the possibility of jail time. Further, a conviction for M.I.P. will appear on your criminal record. In today\u2019s competitive market, even an M.I.P. can affect job and education opportunities.\r\n\r\n<a href=\"https:\/\/webpublishingforlawyers.com\/ggg\/minor-in-possession\/\">Learn More about Minor in Possession<\/a>\r\n<h3>Occupational License Process<\/h3>\r\nYou MUST give all of the information on the following page to the paralegal <strong>BEFORE NOON ON THURSDAY<\/strong> to schedule your hearing for the <strong>FOLLOWING TUESDAY<\/strong>, in a <strong>PENDING CASE<\/strong>. If you have already been <strong>CONVICTED<\/strong>, you <strong>WILL NOT<\/strong> have a hearing until the <strong>NEXT TUESDAY<\/strong>. You <strong>MUST APPEAR<\/strong> before the <strong>JUDGE<\/strong> and <strong>GIVE TESTIMONY<\/strong> at your hearing.\r\n\r\n<a href=\"https:\/\/webpublishingforlawyers.com\/ggg\/occupational-license-process\/\">Learn More about Occupational License Process<\/a>\r\n<h3>Texas DWI Penalties, Fines & Sentencing<\/h3>\r\nWhen faced with a Texas DWI arrest and\/or conviction, there are a number of issues to consider: Will you have to serve jail time? If so, for how long? Or is probation a possibility? What will you owe in fines? Will your license be suspended, and for how long? Will you have to go to a DWI school or do community service? Here are the basic laws regarding Texas DWI fines and sentencing.\r\n\r\nLearn More about Texas DWI Penalties, Fines & Sentencing\r\n\r\n\u00a0\r\n\r\n\u00a0","_et_gb_content_width":"","footnotes":""},"class_list":["post-132274","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/webpublishingforlawyers.com\/ggg\/wp-json\/wp\/v2\/pages\/132274","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/webpublishingforlawyers.com\/ggg\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/webpublishingforlawyers.com\/ggg\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/webpublishingforlawyers.com\/ggg\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/webpublishingforlawyers.com\/ggg\/wp-json\/wp\/v2\/comments?post=132274"}],"version-history":[{"count":14,"href":"https:\/\/webpublishingforlawyers.com\/ggg\/wp-json\/wp\/v2\/pages\/132274\/revisions"}],"predecessor-version":[{"id":133040,"href":"https:\/\/webpublishingforlawyers.com\/ggg\/wp-json\/wp\/v2\/pages\/132274\/revisions\/133040"}],"up":[{"embeddable":true,"href":"https:\/\/webpublishingforlawyers.com\/ggg\/wp-json\/wp\/v2\/pages\/132285"}],"wp:attachment":[{"href":"https:\/\/webpublishingforlawyers.com\/ggg\/wp-json\/wp\/v2\/media?parent=132274"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}