The
following information was provided by the District Attorney’s Office and
the Texas Alcoholic Beverage Commission
ZERO TOLERANCE LAW
It is illegal for a
minor to drive while having ANY detectable amount of alcohol in the
minor's system.
-
The consequences for the minor on the first offense
of driving under the influence of alcohol:
o
Class C
misdemeanor, punishable by a fine up to $500
o
Attendance
at an alcohol awareness class
o
20 to 40
hours of mandatory community service
o
60 days
driver’s license suspension. The minor would not be eligible for an
occupational license for the first 30 days.
-
A second offense
increases the consequences to:
o
Class C
misdemeanor, punishable by a fine up to $500
o
Attendance
at an alcohol awareness class at the judge's discretion
o
40 to 60
hours of mandatory community service
o
120 days
driver's license suspension. The minor would not be eligible for an
occupational license for the first 90 days.
-
A third offense is
not eligible for deferred adjudication. The minor's driver's license
is suspended for 180 days and an occupational license may not be
obtained for the entire suspension period. If the minor is 17 years
of age or older, the fine increases to $500 to $2,000, confinement
in jail for up to 180 days, or both.
PURCHASE – POSSESSION – CONSUMPTION
Minors who purchase, attempt to purchase, possess, or consume alcoholic
beverages, as well as minors who are intoxicated in public or
misrepresent their age to obtain alcoholic beverages, face the following
consequences:
o
Class C
misdemeanor, punishable by a fine up to $500
o
Alcohol
awareness class
o
8 to 40
hours community service
o
30 to 180
days loss or denial of driver's license
If a
minor is seventeen years of age or older and the violation is the third
offense, the offense is punishable by a fine of $250 to $2,000,
confinement in jail for up to 180 days or both, as well as automatic
driver's license suspension.
A
minor with previous alcohol-related convictions will have his or her
driver’s license suspended for one year if the minor does not attend
alcohol awareness training that has been required by the judge.
PROVIDING ALCOHOL TO A MINOR
Adults and minors who
give alcohol to a minor face a stiff penalty.
The
punishment for making alcoholic beverages available to a minor is a
class A misdemeanor punishable by a fine up to $4,000, confinement in
jail for up to a year, or both. Additionally, as of September 1, 2005,
the violator will have his or her driver’s license automatically
suspended for 180 days upon conviction.
Also
as of September 1, 2005, persons 21 or older (other than the parent or
guardian) can be held liable for damages caused by intoxication of a
minor under 18 if the adult knowingly provided alcoholic beverages to a
minor or knowingly allowed the minor to be served or provided alcoholic
beverages on the premises owned or leased by the adult.
Sale to a minor is a
class A misdemeanor, punishable by a fine up to $4,000, confinement up
to a year in jail, or both.
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