ALCOHOL / MINOR CHARGES
 

There are a number of crimes related to alcohol and/or minors :
Driving While Intoxicated- applies to adults and minors (see DWI page)
TABC age provisions (Ch. 106 Alcohol Beverage Code)
     · Driving Under the Influence by Minor (applies only to minors)
     · Minor in Possession of Alcoholic Beverage Code
     · Consumption of Alcoholic Beverage by Minor
     · Misrepresentation of Age by Minor (or attempt)
     · Purchase of Alcoholic Beverage by Minor (or attempt)
     · Furnishing Alcohol to Minor
Public Intoxication
Open container

IMPORTANT NOTE: While most alcohol violations are not serious crimes, the law in this area is complicated. These complications can cause you serious trouble down the road, depending on how you handle your case. Also, I have found that having a detailed technical knowledge of the Alcohol Beverage Code and its related laws can be used to benefit you greatly. I recommend that you seek legal advice to ensure that you achieve the best result possible in your case. Your future may depend on it!

 

Provisions relating to age
All provisions relating to age are Class C misdemeanors, except for Furnishing Alcohol to Minor, which is a Class A misdemeanor. HOWEVER, NOTE THAT THERE IS A COMPLICATED ENHANCEMENT SCHEME THAT CAUSES GREATER PENALTIES FOR THOSE CHARGED WITH SUBSEQUENT OFFENSES. DUI-Minor has its own punishment scheme. The other Class C misdemeanors are punished by another punishment scheme.

§ 106.06. Purchase Of Alcohol For A Minor; Furnishing Alcohol To A Minor.
OFFENSE: purchasing an alcoholic beverage for or gives or makes available an alcoholic beverage to a minor with criminal negligence.
EXCEPTION: if he is the minor's adult parent, guardian, or spouse who is visibly present when the minor possesses or consumes the alcoholic beverage.
PUNISHMENT: a Class A misdemeanor. And a 180 day driver’s license suspension for a conviction per §521.351, Transportation Code. A one year suspension for a second offense.

§ 106.041. Driving Under The Influence Of Alcohol By Minor.
OFFENSE: a minor operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor's system. An arrest is not required, the officer may issue a citation to the minor or arrest.
PUNISHMENT: a Class C misdemeanor (up to $500.00), plus alcohol related community service (20 to 40 hours – 1st offense; 40 to 60 hours –2nd offense.); attend an alcohol awareness program approved by the Texas Commission on Alcohol and Drug Abuse
NOTE: DL suspension, if any, is through ALR program. See DWI page for more details on ALR suspensions
ENHANCEMENT: previously convicted or deferred at least twice of DUI only (not other alcohol offenses), the offense is punishable by a fine of not less than $500 or more than $2,000 and/or confinement in jail for a term not to exceed 180 days. Deferred disposition or adjudication is prohibited for third DUI offenses.

§ 106.02. Purchase Of Alcohol By A Minor.
OFFENSE: a minor purchases an alcoholic beverage.
PUNISHMENT: A Class C misdemeanor punishable as provided by Section 106.071. See below.

§ 106.025. Attempt To Purchase Alcohol By A Minor.
OFFENSE: if, with specific intent to purchase an alcoholic beverage, the minor does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended.
PUNISHMENT: A Class C misdemeanor punishable as provided by Section 106.071. See below.

§ 106.04. Consumption Of Alcohol By A Minor.
OFFENSE: a minor consumes an alcoholic beverage.
DEFENSE: the alcoholic beverage was consumed in the visible presence of the minor's adult parent, guardian, or spouse.
PUNISHMENT: A Class C misdemeanor punishable as provided by Section 106.071. See below.

§ 106.05. Possession Of Alcohol By A Minor.
OFFENSE: a minor possesses an alcoholic beverage.
EXCEPTION: while in the course and scope of the minor's employment w/licensee or permittee and the employment is not otherwise prohibited; minor is in the visible presence of his adult parent, guardian, or spouse; or under the immediate supervision of a peace officer engaged in enforcement of the code.
PUNISHMENT: A Class C misdemeanor punishable as provided by Section 106.071. See below.

§ 106.07. Misrepresentation Of Age By A Minor.
OFFENSE: minor falsely states that he is 21 years of age or older or presents any document that indicates he is 21 years of age or older to a person engaged in selling or serving alcoholic beverages.
PUNISHMENT: A Class C misdemeanor punishable as provided by Section 106.071. See below.

IMPORTANT NOTE: § 521.451 (“GENERAL VIOLATION”) of Transportation Code makes it a Class A Misdemeanor to display fictitious/altered driver's license; permit another person to use the person's driver's license; display the drivers license of another; possess more than one currently valid driver's license; make a false statement in an application for a driver's license. § 521.453 (“FICTITIOUS LICENSE OR CERTIFICATE”) makes it an offense for a person under the age of 21 years to possess, with the intent to represent that the person is 21 years of age or older, a document that is deceptively similar to a driver's license or a personal identification certificate unless the document displays the statement "NOT A GOVERNMENT DOCUMENT" diagonally printed clearly and indelibly on both the front and back of the document in solid red capital letters at least one-fourth inch in height. This is a Class C misdemeanor. If you are under 21, and charged with the Class A misdemeanor, you should seek legal counsel immediately! This charge may not be appropriate.

§ 49.02. Public Intoxication. (Penal Code)
OFFENSE: to appear in a public place while intoxicated to the degree that the person may endanger the person or another.
DEFENSE: the intoxicant was administered for therapeutic purposes and as a part of the person's professional medical treatment by a licensed physician.
PUNISHMENT: a Class C misdemeanor.
EXCEPTION: if committed by a person younger than 21 years of age, offense is punishable as provided by Section 106.071, see below.

§ 106.071. Punishment For Alcohol-related Offense By Minor.
APPLICABILITY: purchase, attempted purchase, consumption, possession, misrepresentation of age, attempted misrepresentation, and public intoxication by minor.
PUNISHMENT: a Class C misdemeanor, unless enhanced to a class B by two priors.
PUNISHMENT: a Class C misdemeanor, plus alcohol related community service (8 to 12 hours – 1st offense; 20 to 40 hours –2nd offense.) and court ordered drivers license suspension (1st offense - 30 days; 2nd offense – 60 days; 3rd offense - 180 days) takes effect on the 11th day after the date the minor is convicted; attend an alcohol awareness program approved by the Texas Commission on Alcohol and Drug Abuse.
ENHANCEMENT: previously convicted or deferred at least twice of an offense under this section (Note: this does not include DUI-Minor), the offense is punishable by a fine of not less than $250 or more than $2,000 and/or confinement in jail for a term not to exceed 180 days. Deferred disposition or adjudication is prohibited for third offenses. IF YOU ARE CHARGED WITH A 3RD ALCOHOL RELATED OFFENSE, SEEK LEGAL COUNSEL IMMEDIATELY. THIS IS A SERIOUS CHARGE, AND THERE ARE WAYS TO SUCCESSFULLY DEFEND YOURSELF.

OTHER CRIMINAL LAWS RELATING TO ALCOHOL

§ 49.031. Open Container (Penal Code)
OFFENSE: to possess an open container w/ any alcohol – even if resealed / recorked - in passenger area of car on public highway and its right of way, regardless of whether the vehicle is being operated
EXCEPTION: a glove box, trunk, behind last row of seats, bus/taxi/limo/RV
NOTE: § 101.75 TABC makes it an offense to possess an open container or consume an alcoholic beverage on a public street, public alley, or public sidewalk within 1,000 feet of the property line of a school. Also, for a person charged with Racing a Vehicle, an open container in the vehicle enhances the Racing charge to a Class A misdemeanor.

§ 105.06. Hours of Consumption (Alcohol Beverage Code)
OFFENSE: to consumes or possess with intent to consume an alcoholic beverage in a public place at any time on Sunday between 1:15 a.m. and 12 noon or on any other day between 12:15 a.m. and 7 a.m. (standard hours area)
OFFENSE: to consume or possess with intent to consume an alcoholic beverage in a public place at any time on Sunday between 2:15 a.m. and 12 noon and on any other day between 2:15 a.m. and 7 a.m. (extended hours area)
PRESUMPTION: Proof that an alcoholic beverage was possessed with intent to consume in violation of this section requires evidence that the person consumed an alcoholic beverage on that day in violation of this section.
PUNISHMENT: a misdemeanor punishable by a fine of not more than $50.

§ 101.63. Sale to Certain Persons. (Alcohol Beverage Code)
OFFENSE: to knowingly sell an alcoholic beverage to a habitual drunkard or an intoxicated or insane person.
PUNISHMENT: a misdemeanor punishable by a fine of not less than $100 nor more than $500, by confinement in jail for not more than one year, or by both.
ENHANCEMENT: previous conviction for this section or Section 106.03 (sale to minor) - punishable by a fine of not less than $500 nor more than $1,000, by confinement in jail for not more than one year, or by both.

§ 101.72. Consumption of Alcoholic Beverage On Premises Licensed For Off-premises Consumption. (Alcohol Beverage Code)
OFFENSE: to knowingly consume liquor or beer on the premises of a holder of a wine and beer retailer's off-premise permit
PRESUMPTION: presumed to have knowingly violated this section if the warning sign required is displayed on the premises.
PUNISHMENT: a misdemeanor punishable by a fine of not less than $25 nor more than $200.
ENHANCEMENT: previous conviction within a year - punishable by a fine or not less than $100 nor more than $200.
NOTE: a person who is convicted of not more than one violation of Section 101.72 of this code within 12 months, after the first anniversary of the conviction, may petition the court in which he was convicted; applicant's sworn statement that he was not convicted of an additional violation of Section 101.72 of this code during the previous 12 months.

 


The Law Office of Brian Baker
Phone (512) 392 - 2300
San Marcos Texas