Underage Drinking and Driving What Every Teen Needs to Know: About Drinking, Driving and the Law.

Introduction This program was designed to inform you about some of the penalties you could face if you choose to drink and drive.

Drinking and Driving Laws Zero Tolerance Law - Driving Under the Influence of Alcohol by a Minor (DUI). Driving While Intoxicated (DWI). Driving While Intoxicated With a Child Passenger. Intoxication Assault. Intoxication Manslaughter.

Zero Tolerance Driving Under the Influence of Alcohol (DUI) While it is illegal for anyone to drive while intoxicated, it is also illegal for a minor to operate a motor vehicle or a watercraft while having ANY detectable amount of alcohol in the minor's system. Texas Alcoholic Beverage Code §106.041

DUI Penalties First Offense Second Offense Class C misdemeanor: Fine up to $500; Alcohol awareness class; 20 to 40 hours of community service; 60 days driver´s license suspension; The minor would not be eligible for an occupational license for the first 30 days. Second Offense Class C misdemeanor: Fine up to $500; Alcohol awareness class; 40 to 60 hours of community service; 120 days driver´s license suspension; The minor would not be eligible for an occupational license for the first 90 days.

DUI Penalties (continued) 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 from $500 to $2,000, confinement in jail for up to 180 days, or both.

Driving While Intoxicated (DWI) It is an offense if a person operates a motor vehicle in a public place while intoxicated. Class B misdemeanor: Fine up to $2,000; and/or 3 to 180 days in jail; and 90 days to 1 year loss of driver’s license Texas Penal Code §49.04

Driving While Intoxicated (DWI) If the DWI involves a BAC equal to or greater than 0.15 the person can face an enhanced penalty of: Class A misdemeanor: Fine up to $4,000; and/or Up to one year in jail. Texas Penal Code §49.04

Intoxicated “Intoxicated" means: (A)  not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or (B)  having an alcohol concentration of 0.08 or more. Texas Penal Code §49.01

DWI With a Child Passenger It is an offense if a person operates a motor vehicle in a public place while intoxicated and has a passenger that is under the age of 15. DWI Penalty PLUS State Jail Felony: 180 days to 2 years in jail; and/or Fine up to $10,000 Texas Penal Code §49.045

Intoxication Assault A person commits an offense if the person, by accident or mistake, while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another. Third Degree Felony: 2 to 10 years in jail (for each count); and/or Fine up to $10,000 (for each count) Texas Penal Code §49.07

Intoxication Assault Enhanced penalty for intoxication assault if it causes traumatic brain injury resulting in persistent vegetative state. Second Degree Felony: 2 to 20 years in jail (for each count); and/or Fine up to $10,000 (for each count) Texas Penal Code §49.07

Intoxication Manslaughter A person commits an offense if the person, by accident or mistake, while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes the death of another. Second Degree Felony: 2 to 20 years in jail (for each count); and/or Fine up to $10,000 (for each count) Texas Penal Code §49.08

Other Underage Drinking Laws 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: Class C misdemeanor: Fine up to $500; Alcohol awareness class; 8 to 40 hours community service; and 30 to 180 days loss or denial of driver's license. Texas Alcoholic Beverage Code - Chapter 106

Purchase for or Furnish Alcohol to a Minor It is an offense if a person purchases an alcoholic beverage for or gives or with criminal negligence makes available an alcoholic beverage to a minor. *a minor can commit this offense as well. Class A misdemeanor: Fine of up to $4,000; and/or A maximum of one year in jail; and Automatic suspension of driver’s license for 180 days upon conviction. Texas Alcoholic Beverage Code §106.06

911 Lifeline Law Person under 21 won’t be charged for possessing or consuming alcohol if; The person calls 911 for someone who might have alcohol poisoning, If the caller is the first person to call for medical assistance, and; The caller remains on the scene until medical help arrives, and; Cooperates with EMS and law enforcement.

Seven Reasons Why Teens Shouldn’t Drink Alcohol Driver’s License Time Money Parents Extracurricular Activities College Education Job

1. Driver’s License If you want to keep your driver’s license, don’t drink. Punishment for an alcohol-related offense for a minor could result in the suspension or denial of your driver’s license.

DUI 30 to 180 days MIP DWI 30 to 180 days 90 Days to 1 year

2. Time If you enjoy your free time, don’t drink. Punishment for an alcohol-related offense could result in time in court, community service, mandatory participation in an alcohol awareness class and possible time in the juvenile detention center or jail.

Appearance in Court 8 to 40 hours of Community Service Possible time in the juvenile detention center or jail

3. Money If you value your money, don’t drink. Punishment for an alcohol-related offense could result in a fine, court costs, and cost for the mandatory alcohol awareness class.

Furnish Alcohol to a Minor Alcohol Awareness Course MIP DWI Up to $10000 Up to $500 Court Cost DUI Furnish Alcohol to a Minor Alcohol Awareness Course Up to $500 Up to $4000

4. Parents If you have a drinking party in your parent’s home or on your parent’s property, you and your parents could be charged with furnishing alcohol to a minor. Your parents can also be held civilly liable for any injuries or property damage caused by the intoxication of a minor, if the minor drank alcohol on property owned or leased by them.

Class A Misdemeanor Fine up to $4000 Appearance in Court Jail up to 1 year Driver’s License suspension for 180 days

5. Extracurricular Activities If you participate in high school sports, band, theater, debate, or any other extracurricular activity, don’t drink.

Check your school’s policy on committing an alcohol-related offense Check your school’s policy on committing an alcohol-related offense. It could cost you your spot on the football team, position in the band or involvement in any extracurricular activity.

6. College Education If you plan to go to college, don’t drink. Check the policy at the university that you want to attend. Receiving an alcohol-related offense could cause you to be fined, suspended or even dismissed from the university. An alcohol-related offense could cause you to lose your scholarship as well.

Penalties for the violation of the alcohol policy range from fines, mandatory participation in university-approved drug and alcohol abuse counseling, rehabilitation programs, probation, suspension or dismissal from the university. This is in conjunction with state laws and penalties that you will face.

7. Job If you value your job or future career, don’t drink. Receiving an alcohol-related offense could cause you to lose your license and your way to work. If you can’t get to work, how are you going to work? An alcohol-related offense could make it harder to get a job in the future as well.

If you plan on a career that needs a license or certification, an alcohol-related offense could cause your license or certification application to be denied. A Class A Misdemeanor conviction or court-ordered community supervision (adjudicated or deferred) is a lifetime disqualification for licensure as a peace officer or jailer in the state of Texas. www.tcleose.state.tx.us

Quick Review Zero Tolerance – Driving Under the Influence of Alcohol (DUI) applies to both a Motor Vehicle and a Watercraft. A Minor can have their driver’s license suspended if they commit an alcohol related offense. A Minor can commit an offense if he or she purchases an alcoholic beverage for or gives an alcoholic beverage to another minor.

If you have any Questions or concerns contact TABC at education@tabc If you have any Questions or concerns contact TABC at education@tabc.state.tx.us. To Report Underage Drinking, call your local Police Department. To report a retail establishment over-serving or providing alcohol to minors call the Texas Alcoholic Beverage Commission 1-888-THE-TABC. If you think you or someone you know has an alcohol problem, contact SAMHSA's 24-Hour Toll-Free Treatment Referral Helpline at 1-800-662-HELP. If you think you or someone you know is feeling suicidal, call the National Suicide Prevention Lifeline at 1-800-273-TALK.