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.
|