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    - Use of Altered Driver License
    A person commits an offense if they: • show or posses a driver license or certificate that they know to be fake or altered
    • show or represent as their own a driver license not issued to them
    Penalty: Class B Misdemeanor (≤ 180 days in jail and/or $2,000 fine)
    § 521.453(a) Possession of Fake Driver License (a) a minor commits an offense if they posses, with the intent to represent that they are 21 years of age or older, a deceptively similar driver license or ID certificate UNLESS the license displays the statement “NOT A GOVERNMENT DOCUMENT” printed in 1/4" solid red capital letters diagonally on both sides.
    (b) “deceptively similar” means a reasonable person would assume that the fake license presented was genuine.
    Penalty: CLASS C Misdemeanor (≤ $500 fine)

    Texas Alcoholic Beverage CodeGavel

    § 106.07 Misrepresentation of Age by a Minor
    A minor commits an offense if they falsely represent themselves as being 21 or older to a person selling or serving alcoholic beverages.
    Penalty: CLASS C Misdemeanor ≤ $500 fine
    8–12 hours of community service
    30-day driver license suspension
    Alcohol Awareness Course
    § 106.02, 106.025 Purchase / Attempt to Purchase Alcohol by a Minor
    A minor commits an offense if they purchase or try to purchase an alcoholic beverage.
    Penalty: CLASS C Misdemeanor ≤ $500 fine
    8–12 hours of community service
    30-day driver license suspension

    Alcohol Awareness Course
    § 106.03 Sale to Alcoholic Beverage to Minors
    A person commits an offense if with criminal negligence he sells an alcoholic beverage to a minor.
    Penalty: CLASS A Misdemeanor
    § 106.04 – Consumption of Alcohol by a Minor (a–b) A minor commits an offense if they consume alcohol unless they are in the visible presence of, and have the consent of their adult parent, legal guardian, or spouse.
    (c) An offense under this section is punishable as provided by §106.071.
    (d) A minor who commits an offense under this section and who has been previously convicted of offenses under this section is not eligible for deferred disposition.
    § 106.041 Driving Under the Influence of Alcohol by a Minor (a) A minor commits an offense if they operate a motor vehicle in a public place while having any detectable amount of alcohol in their system.
    (b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor.
    (c–e) If the defendant has been previously convicted at least twice of an offense under this section, the offense is punishable by:
    • a fine of $500 – $2,000, and/or ≤180 days confinement in jail; and
    • perform community service which is related to alcohol misuse and/or prevention
    - 20–40 hours, if never convicted of a similar offense
    - 40–60 hours, if previously convicted of a similar offense
    (f) A minor who commits an offense under this section and who has been previously convicted of offenses under this section is not eligible for deferred disposition.
    § 106.05 Possession of Alcohol by a Minor (a) A minor commits an offense if they posses an alcoholic beverage.
    (b) A minor may possess an alcoholic beverage:
    • while in the course and scope of the minor’s employment if the minor is an employee of a licensee or permitted and the employment is not prohibited by this code
    • if the minor is in the visible presence of his adult parent, guardian, or spouse, or other adult to whom the minor has been committed by a court
    • if the minor is under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code.
    (c) An offense under this section is punishable as provided by §106.071.

    § 106.06 Purchase / Furnishing of Alcohol to a Minor (a) A person commits an offense if they provide an alcoholic beverage to a minor.
    (b) An alcoholic beverage may be provided to a minor by that minor’s adult parent, legal guardian, or spouse if they are visibly present when the minor possesses or consumes the alcoholic beverage.
    (c) An offense under this section is a Class B misdemeanor.
    § 106.07 Misrepresentation of Age by a Minor cuffs(a) A minor commits an offense if they present a fake/altered driver license or falsely states that they are 21 years of age or older to a person selling or serving alcoholic beverages.
    (b) An offense under this section is punishable as provided by §106.071.
    § 106.071 Punishment for Alcohol-Related Offense by a Minor (a) This section applies to an offense under §106.02, §106.025, §106.04, §106.05, or §106.07.
    (b) An offense to which this section applies is a Class C misdemeanor.
    (c–e) Punishment guidelines: • a fine of $250–$2,000, and/or ≤180 days in jail; and
    • community service related to alcohol misuse and/or prevention for:
    - 8–12 hours, if never convicted of a similar offense
    - 20–40 hours, if previously convicted of a similar offense
    • suspension of driver license for:
    - 30 days, if never convicted of a similar offense
    - 60 days, if the second offense
    - 180 days, if the third or more offense




     
     
     
     
     
     
     
     

     

     

Last Modified on August 22, 2017