DUI for 17 year old

[huntjax]

Does anyone know how jail time works? My friends 17 year old was at a concert and had 2 beers. One of the girls that went who happened o be driving got trashed. He thought he was ok and drove her car. He didn't know where he was going so he followed another kid who happened to be speeding. He was the last car so he was pulled over. The Officer saw the drunk girl and asked him if he had been drinking. He told the truth and took the breathalizer and it came up .08.
Online it shows fines, classes, community service and jail time of 72 hrs -180 days. Is jail time a mandatory part of the punishment? Jail time seems harsh for a kid being stupid and actually thinking he is helping by driving this girl.

[CobyPhoto]

Wow. He is in for a fight. Nothing is mandantory, but being underaged, drinking and driving, he is facing a long uphill battle and alot of money for lawyers. He could receive anything from a slap on the hand to jail time. Depends upon the circumstances, the judge and his lawyer. One thing he probably will lose, is his drivers license until he is 21. They are pretty tough on underage drinking and driving and that is one of the penalties...no DL until 21.

Best thing I can suggest is get a lawyer, one familiar with DUI and let them handle it. Our legal system is a nightmare and can be totally screwy if not completely unfair. You never know what they are going to do.

Poor kid. His mistake was drinking when he was underaged and KNOWS it is against the law. It is never worth it.

CJ

[johnastovall]

Not half as harsh as it should be. What about the fact he's underage and shouldn't have been drinking at all. If he had obeyed the law he wouldn't have this problem.

[Nikolai]

Probably walk off with probation and a large fine. Maybe that night in jail too, but regardless, it's on his record for good, and that's gonna be hell to get a job with.

[Joe_Lorenzini]

Originally Posted by johnastovall

Not half as harsh as it should be. What about the fact he's underage and shouldn't have been drinking at all. If he had obeyed the law he wouldn't have this problem.

Come on John. Those thoughts are better left in your keyboard or over on the MADD forums.

The OP asked for help. Let's keep it in that direction.

_/oe

[darktiger]

I agree with Stovall on this. At 17 he should not have been drinking, then speeding (if he was smart then he should of went the speed limit or under). Plus I would imagine he had more than 2 beers for a .08, well unless he is like 100lbs...

Just like everyone is saying depends on the judge, lawyer, full moon, etc. If I was the prosecutor I would throw the book on the person. Does this 17 year old have priors?

While it does not help, but I think it is harsh to detour this type of behavior. So I can see the maximum actually helping people. In fact I think the punishment is a little lax.

[huntjax]

"Not half as harsh as it should be. What about the fact he's underage and shouldn't have been drinking at all. If he had obeyed the law he wouldn't have this problem."

Thanks, this comment helps. He is a kid who did a stupid thing. I can honestly say I didn't drink, do drugs, have sex, when I was teen or any of the things that kids underage do. I'm still not going t judge and I understand that kids can do stupid things. It must be nice to be so perfect and if you have children that they are also perfect.

"I would also suggest that more than 2 beers were consumed in order to blow an .08 later, after leaving the concert."

I actually wasn't sure of this either. I looked it up online and it said that 2 beers can cause a teenager to have a reading of .08 He may be fibbing but he actually is a pretty good kid.

[huntjax]

Sorry I even asked if anyone knew anything about the subject.
WE ALL KNOW IT IS ILLEGAL TO DRINK UNDER THE AGE OF 21! I didn't say what he did wasn't wrong, I wasn't asking if it was. I think for a "stupid" kid to spend time in jail with other kids who are there for other reasons is harsh. Does your posting this make you feel better in some way? If not, why bother writing it?

[ST77]

Originally Posted by huntjax

Sorry I even asked if anyone knew anything about the subject.
WE ALL KNOW IT IS ILLEGAL TO DRINK UNDER THE AGE OF 21! I didn't say what he did wasn't wrong, I wasn't asking if it was. I think for a "stupid" kid to spend time in jail with other kids who are there for other reasons is harsh. Does your posting this make you feel better in some way? If not, why bother writing it?

Sometimes a night or two in jail can be the wake-up call a "stupid" kid needs, I know it did wonders for my brother. I would hate to think where he would be if when he was being a stupid kid if all he got was a slap on the wrist.

[CobyPhoto]

Christine,

While we all understand your post, you have to expect this type of reply if you ask on an open, public forum.

There are those that have the idea that harsh is better and will prevent problems like this. I happen to be one of those as well. The law is the law etc. you have to obey it. I just didn't make my opinion a part of the post.

Honestly, the range of punishment he COULD recieve on this is quite broad and depends on alot of issues. Issues that we won't known until they kid is in court and facing the judge. Remember when you were "caught with you hand in the cookie jar" as a kid...Did you tell the truth, the whole truth and nothing but the truth? It is human nature and teenagers! I know I didn't. We just don't know the real situation here until the judge gets the police report and makes his mind up on the case.

My best suggestion for the kid, is prepare for the worse punishment they can possibly hand down and do as much as he can to prepare himself for the court case. There is always a chance they will throw the book at him and he could spend some time in a facility. As harsh as it sounds, it is a fact.

CJ

[huntjax]

I think a lot depends on the kid and he truly just made a poor choice. he is not a kid to get into trouble and do stupid things all the time.
The point is I asked a specific question about jail time and what I am getting is a lot of he deserves it for answers. That does not answer my question and it does no good to tell me it is illegal to begin with.
I love this forum and the help people have been when it comes to photography questions. I guess I was wrong to think I could ask an unrelated question and actually get informative answers. Maybe everyone who wants to talk about how he deserves it and how it is illegal should go to their local high school and talk. It is a waste of your time and mine to tell me about it.
I already know it is wrong and illegal. If it were my son he would be in plenty of trouble from me along with everything else that comes with it.

[321pt]

You asked for help, so here goes. Take it or leave it. You should be very concerned about a 17 year old drinking and driving. There are no circumstances where it is OK. Take the concequences as they come and don't try to minimize them for him. It should be a lesson I hope he learns. It is nothing to do about how great a kid he is. It is about keeping him alive. I lost my son over 13 years ago because he drove drunk. Sometimes it still seems like yesterday. It is a serious offense and you should take it as a wake up call.

[Paulo]

Hi Christine. I've been seeing/hearing a lot of ads of Texas peace officers cracking down on *drunk drivers (as defined by law). Because almost every individual person has their own interpretation of 'drunk', it's subject to statutes peace officers have to judge by. If any person, minor or adult, gets pulled over and is suspected of being under the influence, they're suppose to go to jail. At least until they see the judge and/or bonds out. In Harris County, people taken in for 'DUI' are put in a holding cell with others 'DUI-ers". Separate from someone in there for let say, murder or felony theft,etc... And I believe minors are separated from the adults but I could be wrong.
The penalty of jail for such actions is there as a deterrant but if an individual does it anyway and is caught, what can one do? We all make mistakes. And some mistakes will cost more than others.

[huntjax]

That is a terrible loss to lose your son. I can't imagine or say I could even begin to understand what that would be like..
I don't think it is ok nor do I think his parents think it is ok. As far as my writing he is a good kid is that if a kid has to go to jail...I can't see it helping being put in with kids who are there for crimes that have to do with hurting people and being "tough" kids.

[JenJohnson79]

my brother recieved a dui at 17, first offense, the following was his penalty:
80 hours community service, no DL until 21, $1500.00 fine per year until 21, probation stating if he gets caught drinking or driving not neccessarily drinking and driving while on probation jail time will be served, plus tons in lawyer fees. . .