Alcohol Related Offenses by Minors

Definitions and Conditions:

Art 106.01.  Definition:  Minor, a person under 21 years of age.

Art 106.10.  Plea:  No minor may plead guilty under this chapter except in open court before the judge.

Art 106.11.  Parent/Guardian:  No person under age 18 may be convicted of an offense under this                              chapter unless his parent/guardian is present in court, with limited exceptions.

OFFENSES:

Art. 106.02.  Purchase Alcohol by a Minor:  A minor commits an offense if the minor purchases an alcoholic beverage.

Art. 106.025.  Attempt to Purchase Alcohol by a Minor:  A minor commits an offense if the minor does an act amounting to more than mere preparation that tends, but fails to effect the commission of the offense intended.

Art. 106.04.  Consumption of Alcohol by a Minor:  A minor commits an offense if the minor consumes an alcoholic beverage outside the visible presence of his parent/guardian or adult spouse.

Art. 106.05.  Possession of Alcohol by a Minor:  A minor commits an offense if the minor possesses an alcoholic beverage outside the visible presence of his parent/guardian or adult spouse or outside the scope of a function of his employment.

Art. 106.07.  Misrepresentation of age by a Minor:  A minor commits an offense if the 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.

Art. 106.041.  Driving under the influence of alcohol by a Minor:  A minor commits an offense if the minor operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor's system.

PC Art. 49.02.  Public Intoxication by a Minor:  A minor commits an offense in the minor appears in a public place while intoxicated to the degree that the minor may endanger himself or another person.

Texas Alcohol Code:  Provision Relative to Age

 

SANCTIONS:

Art 106.071.  Punishment for alcohol related offenses by a minor:

  1. Payment of Court Cost

    First Offense:
     
  2. Fine Range is $1.00 to $500.00
  3. 8 to 12 hours Community Service **20 hours for Driving under the Influence
  4. Driver's License Suspension of 30 days upon conviction
  5. Completion of an Alcohol Awareness Course within 90 days

Second Offense:

  1. Fine Range is $1.00 to $500.00
  2. 20 to 40 hours Community Service **40 hours for Driving under the Influence
  3. Driver's License Suspension of 60 days upon conviction.
  4. Completion of Alcohol Awareness Course within 90 days

Third Offense for anyone under 17 years old

  1. Fine Range is $1.00 to $500.00
  2. 20 to 40 hours Community Service
  3. Driver's License Suspension of 180 days  
  4. Completion of an Alcohol Awareness Course within 90 days

Third Offense for anyone over 17 years old

  1. Fine of $250.00 to $2,000.00
  2. 180 days in jail
  3. Driver's License Suspension of 180 days upon conviction

 

FAILURE TO COMPLETE PENALTIES:

Art. 106.115.  The court shall order the Department of Public Safety to suspend the defendant's driver's license for a period not to exceed six (6) months or to deny issuance of a license for the same period.

 

 


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