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  • Background Information for Alcohol-Related Offenses
Background Information for Alcohol-Related Offenses January 4, 2013

The following information may be helpful for those accused of an alcohol related or DWI offense:


DUI means Driving Under the Influence and is only for persons under 21 with any detectable amount of alcohol in their system.


A DUI charge is only for detectable amounts of alcohol – it does not mean the person is intoxicated.


DWI means Driving While Intoxicated and is defined as having a blood alcohol content .08 or over.


DWI also means having lost the normal use of a person’s physical faculties or mental faculties.


Making alcohol available to a minor means anyone buying or providing alcohol to someone under 21.


Open Container – if there was an open container of alcohol in the car, a fine not to exceed $500 may be imposed.


MIP (Minor in Possession of Alcohol) is a class C misdemeanor. Maximum fine is $500. A conviction results in a driver’s license suspension while subsequent convictions can be prosecuted as more serious misdemeanor offenses, which involve possible jail time.


MIC (Minor in Consumption of Alcohol) is a class C misdemeanor, as well. The maximum fine is $500. A conviction results in a driver’s license suspension, like MIP.


1st offense DWI conviction for an individual under 21 years of age will result in a one year driver’s license suspension in addition to any other penalty imposed.


2nd and 3rd time DWI offenses carry much more substantial fines, penalties, and potential jail time.


Lastly, a conviction for any DWI also carries the imposition of a driver’s license surcharge by the Texas Department of Public Safety.



Stephen Gustitis is a criminal defense lawyer in Bryan-College Station. He is Board Certified in Criminal Law by the Texas Board of Legal Specialization. He is also a husband, father, and retired amateur bicycle racer.


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Stephen Gustitis