Alcohol Related Offenses by Minors

If you have received a citation or have been arrested for the following offenses, you must appear in person before Judge Garrett within ten days of the citation issued or ten days after you have been released from custody.

Warning

Failure to appear may result in your driver's license being suspended. 

Definitions & Conditions

  • Article 106.01. Definition: Minor, a person under 21 years of age.
  • Article 106.10. Plea: No minor may plead guilty under this chapter except in open court before the judge.
  • Article 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

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

Sanctions

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

  • Payment of Court Cost

First Offense

  • 8 to 12 hours of Community Service
  • Completion of an Alcohol Awareness Course within 90 days
  • Driver's License Suspension of 30 days (At the Court's Discretion)
  • Fine Range is $1 to $500
  • Payment of Court Cost

Second Offense

  • 20 to 40 hours Community Service. Forty hours for Driving under the Influence
  • Completion of an Alcohol Awareness Course within 90 days
  • Driver's License Suspension of 60 days upon conviction.
  • Fine Range is $1 to $500

Third Offense for Anyone Under 17 Years Old

  • 20 to 40 hours Community Service
  • Completion of an Alcohol Awareness Course within 90 days
  • Driver's License Suspension of 180 days
  • Fine Range is $1 to $500

Third Offense for Anyone Over 17 Years Old

  • 180 days in jail
  • Driver's License Suspension of 180 days upon conviction
  • Fine of $250 to $2,000

Failure to Complete Penalties

Article 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 months or to deny issuance of a license for the same period.