Taking The Right Actions When Facing Furnishing Alcohol To Minor Charges
Alcohol related offenses can range from Class C level offenses with no jail penalties to offenses where the penalty is a maximum of one year in jail. If you or a loved one has been charged with an alcohol related offense, it is important to know your rights and the consequences of having a conviction for one of these offenses. Call Hildreth & Rueda, in Austin, today for a free consultation with an experienced lawyer and learn how to protect your rights and your record.
What The Law Says
Below are excerpts of Texas law pertaining to this matter:
Furnishing Alcohol To A Minor
(a) Except as provided in Subsection (b) of this section, a person commits an offense if he purchases an alcoholic beverage for or gives or with criminal negligence makes available an alcoholic beverage to a minor.
(b) A person may purchase an alcoholic beverage for or give an alcoholic beverage to a minor if he is the minor’s adult parent, guardian, or spouse, or an adult in whose custody the minor has been committed by a court, and he is visibly present when the minor possesses or consumes the alcoholic beverage.
(c) An offense under this section is a Class A misdemeanor punishable by a maximum of year in jail and a maximum fine of $4,000.00.
Minor In Possession
a) Except as provided in Subsection (b) of this section, a minor commits an offense if he possesses an alcoholic beverage.
(b) A minor may possess an alcoholic beverage:
(1) while in the course and scope of the minor’s employment if the minor is an employee of a licensee or permittee and the employment is not prohibited by this code;
(2) 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; or
(3) 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 Section 106.071 of the Texas Beverage Code.
Minor In Consumption
(a) A minor commits an offense if he consumes an alcoholic beverage.
(b) It is an affirmative Defense to prosecution under this section that the alcoholic beverage was consumed in the visible presence of the minor’s adult parent, guardian, or spouse.
(c) An offense under this section is punishable as provided by Section 106.071 of the Texas Beverage Code.
Contact Us When Facing Criminal Charges
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