Don’t let ruin your holidays

WHAT YOU NEED TO KNOW ABOUT ALCOHOL LAWS

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Don’t let alcohol ruin your holidays

WHAT YOU NEED TO KNOW ABOUT TEXAS ALCOHOL LAWS drinking alcohol comes with responsibilities Providing/Furnishing Alcohol to Minors This law applies to anyone who provides alcohol to a person younger than 21, even if the provider is also under the age of 21.

Sale to Minors - Class A Misdemeanor: • Fine up to $4,000; and/or • Confinement in jail for up to a year.

Purchase of Alcohol for Minor/Furnishing Alcohol to a Minor - Class A Misdemeanor: • Fine up to $4,000; and/or • Confinement in jail for up to a year; • Driver’s license automatically suspended for 180 days upon conviction.

4 Providing/Furnishing Alcohol to Minors

In Texas, a person may provide alcohol to a minor if hey are the minor’s adult parent, guardian, or spouse, and is visibly present when the minor possesses or consumes the alcoholic beverage.

However, it is against the law to make alcohol available to any other person younger than 21 even in your own residence, even with their parent’s permission.

You can be held civilly liable for damages caused by a person younger than 18 if you provided the alcohol or allowed them to be given alcohol while on your property.

5 Zero Tolerance It is illegal for a minor to drive a motor vehicle or watercraft while having ANY detectable amount of alcohol in their system. (DUI)

If you are under 21, it is a Class C Misdemeanor to: • possess or consume alcoholic beverages; • purchase or attempt to purchase alcoholic beverages; • misrepresent your age to obtain alcoholic beverages; • operate a motor vehicle or watercraft with ANY detectable amount of alcohol in your system.

Consequences • Fine up to $500; • Alcohol awareness class; • 8 to 40 hours of community service; • 30 to 180 days suspension or denial of driver license.

Minors may be arrested for DWI and are subject to the same penalties as adults. Minors under 17 will 6 report to Juvenile Court, unless adjudicated as adults. 911 Lifeline Law TABC Code §106.04 and §106.05 A minor will not be charged with possessing or consuming alcohol if the minor: • requested emergency medical assistance in response to the possible alcohol overdose of the minor or another person; • was the first person to make a request for medical assistance; • remained on the scene until medical assistance arrived; and • cooperated with medical assistance and law enforcement personnel. A minor will also not be charged with possessing or consuming an alcoholic beverage if they report the sexual assault of the minor or another person, or are the victim of a sexual assault reported by another person, to: • a healthcare provider treating the victim of the sexual assault; • an employee of a law enforcement agency, including an employee of a campus police department of an institution of higher education; or • the Title IX coordinator of an institution of higher education or another employee of the institution responsible for responding to reports of sexual assault.

7 Driving While Intoxicated (DWI) In Texas the legal limit for intoxication is .08 BAC (blood or breath alcohol concentration). However, drivers can be stopped and cited if impaired regardless of BAC.

A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. Intoxication must be proven for conviction. Texas Penal Code §49 First Offense

• Up to a $2,000 fine; and/or Note: A First Offense • 3 - 180 days in jail; DWI in Texas, with • Driver’s license suspension of 90 days to 1 year. a blood alcohol Second Offense concentration (BAC) of • Up to a $4,000 fine; and/or 0.15% or greater is a • 1 month - 1 year in jail; Class A Misdemeanor. • Driver’s license suspension of 180 days to 2 years. Third Offense You can face up to: • Up to a $10,000 fine; and/or • a $4000 fine; and/or • one year in jail. • 2 - 10 years in jail; • Driver’s license suspension of 180 days to 2 years.

8 Driving While Intoxicated Additional Penalties: With Open Container Texas Penal Code §19.02 Murder • Up to a $2,000 fine; A defendant can be charged with murder, if • A minimum of 6 days in jail. while committing a felony, he/she performs an act "clearly dangerous to human life that With Intoxication Assault causes the death of an individual." A third • Up to a $10,000 fine (for each count); DWI conviction is • 2 - 10 years in prison. a felony offense. This means that With Intoxication Manslaughter if a person's act • Up to a $10,000 fine (for each count); of driving while • 2 - 20 years in prison. intoxicated results in a person's death, With Child Passenger (under the age of 15) and the driver has two previous DWI • Up to a $10,000 fine; convictions, the driver can be charged with • 180 days to 2 years in a state jail. murder.

9 Texas Driver Responsibility Program Drivers who are convicted of one or more DWI offenses pay a yearly surcharge for three years from the date of each conviction once the conviction has been reported to DPS.

Conviction Surcharges Conviction Type Assigned Surcharge Intoxication: 1st offense, Texas or out-of-state conviction $1,000 for driving, intoxication assault, or manslaughter Intoxication: 2nd, 3rd, or more offenses, Texas or $1,500 out-of-state conviction for driving, intoxication assault, or manslaughter DWI with blood alcohol concentration of 0.16 or greater, $2,000 Texas or out-of-state conviction

10 Other Possible Consequences of DWI Conviction

A DWI conviction can have far-reaching consequences other than losing your driver license.

• Many countries will not allow people with criminal records to enter. This could affect your travel and immigration plans. • Auto insurance may be cancelled or premiums may skyrocket. • Some employers have mandatory firing policies for criminal convictions. • Many employers run criminal background checks on applicants. It may be impossible to become a police officer, firefighter, government employee, teacher, nurse, doctor, lawyer, truck driver requiring a CDL License, and several other professional jobs.

11 Public Intoxication A minor is punishable in the same manner as if the minor committed an offense to which Section 106.071 Alcoholic Beverage Code applies.

A person commits public intoxication if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another. TX Penal Code § 49.02

Public Intoxication – Class C Misdemeanor • Fine up to $500 fine

12 Open Container In Public

The laws and penalties for open containers of alcohol vary by city and can be specific to entertainment districts and locations. The governing body of a municipality may establish related to public consumption only as authorized by the Alcoholic Beverage Code. TABC Code § 109.35

13 Standard Drinks

Standard drink charts are helpful but may not reflect customary serving sizes.

Not sure of serving size? http://rethinkingdrinking.niaaa.nih.gov 14 Alcohol By Volume (ABV)

Alcohol By Volume is simply the amount of in a drink compared to the entire volume of the drink. The alcohol in one 23.5 ounce malt beverage (12% ABV) equals the alcohol in 4.7 beers (5% ABV).* In other words, it equals almost five standard drinks.

5% ABV 5% ABV 5% ABV 12% ABV Malt 1 1 1 2 Ounces 2 Ounces 2 Ounces *12 oz beer @ 5% alc/vol = 0.6 oz Ethanol Liquor = 23.5 oz beer @ 12% alc/vol = 2.82 oz Ethanol 5% ABV 5% ABV 2.82/0.6 = 4.7

2 s 3.5 Ounce 1 2 Ounces

Need to know about ABV? https://label.tabc.state.tx.us/esd3-tlabel/ 15 (BAC)

One drink is based on 1.5 oz. of 80 proof liquor (40% ABV), 12 oz. beer (4.5% ABV), or 5 oz. wine (12% ABV). Understand equivalents. To use the BAC charts on the next page, find the intersection between the person’s weight and the number of standard drinks they have had. This number indicates the blood alcohol concentration if the person had a certain number of drinks all at one time.

However, most people don’t drink all their drinks in one hour so you must consider how long the person has been drinking to determine the correct BAC. Determine the number of hours the person has been drinking. For every hour, subtract .015 from the value on the BAC chart. Note: The figures are averages and may vary based on the amount of food in your stomach, body weight, body type, gender, medications, illness and fatigue.

16 Blood Alcohol Content In One Hour Source: National Highway Traffic Safety Administration WOMEN MEN KNOW YOUR LIMIT KNOW YOUR LIMIT

Approximate Blood Alcohol Content (BAC) In One Hour Approximate Blood Alcohol Content (BAC) In One Hour

Drinks Body Weight In Pounds Drinks Body Weight In Pounds

100 120 140 160 180 200 220 240 100 120 140 160 180 200 220 240

1 .05 .04 .03 .03 .03 .02 .02 .02 1 .04 .03 .03 .02 .02 .02 .02 .02 Possibly Possibly 2 .09 .08 .07 .06 .05 .05 .04 .04 2 .08 .06 .05 .05 .04 .04 .03 .03

3 .14 .11 .11 .09 .08 .07 .06 .06 3 .11 .09 .08 .07 .06 .06 .05 .05 Impaired Impaired 4 .18 .15 .13 .11 .10 .09 .08 .08 4 .15 .12 .11 .09 .08 .08 .07 .06

5 .23 .19 .16 .14 .13 .11 .10 .09 5 .19 .16 .13 .12 .11 .09 .09 .08

6 .27 .23 .19 .17 .15 .14 .12 .11 6 .23 .19 .16 .14 .13 .11 .10 .09

7 .32 .27 .23 .20 .18 .16 .14 .13 7 .26 .22 .19 .16 .15 .13 .12 .11 Legally Legally Intoxicated Intoxicated 8 .36 .30 .26 .23 .20 .18 .17 .15 8 .30 .25 .21 .19 .17 .15 .14 .13

9 .41 .34 .29 .26 .23 .20 .19 .17 9 .34 .28 .24 .21 .19 .17 .15 .14

10 .45 .38 .32 .28 .25 .23 .21 .19 10 .38 .31 .27 .23 .21 .19 .17 .16

Subtract .015 for each hour after drinking. 17

Impairment Based On BAC Levels 0.07 - 0.09 BAC Slight impairment of balance, speech, vision, reaction time, and hearing. Euphoria. Judgement and self-control are reduced, and caution, reason and memory are impaired.

0.10 - 0.125 BAC Significant impairment of motor coordination and loss of good judgement. Speech may be slurred; balance, vision, reaction time and hearing will be impaired. Euphoria.

0.13 - 0.15 BAC Gross motor impairment and lack of physical control. Blurred vision and major loss of balance. Euphoria is reduced and dysphoria (anxiety, restlessness) is beginning to appear. Dizziness. Judgment and perception are severely impaired.

18 Impairment Based On BAC Levels 0.16 - 0.20 BAC Dysphoria predominates, nausea may appear. Confusion. Impaired senses. Dizziness. The drinker has the appearance of a “sloppy drunk.” May vomit. Blackouts are likely at this level.

0.25 BAC Needs assistance walking; total mental confusion. Lapses in and out of consciousness or unconsciousness. Dysphoria with nausea and some vomiting. Death may occur due to inhalation of vomit while unconscious. Death can occur at this level, and it is considered a medical emergency. Call 911 or take them to an emergency room!

0.30+ BAC Loss of consciousness. Possible onset of coma. Respiratory depression. Possible death due to respiratory arrest. Markedly decreased heart rate. Urinary incontinence.

19 Signs of Intoxication Coordination: Vision: • Stands with feet wide apart for balance. • Leans against structure for support. • Red or watery eyes. • Fumbles with wallet or money. • Droopy eyelids or tired appearance. • Slurs or trips over words while ordering. • Squints continuously. • Closes or covers one eye to remove Reduced Judgment and Inhibitions: double vision. • Becomes overly excited. Appearance: • Speaks loudly and/or profanely. • Throws objects. • Frequently rubs hands through face and • Giggles or laughs for no apparent reason. hair. • Sometimes has Reflexes: involuntary eye movement. • Slow or deliberate movements. • Frequent trips to the • Slow or no response to questions. bathroom. • Slow or no reaction to actions such as • Strong, stale odor of spilling a beer on oneself. alcohol. 20 Definition of Binge Drinking:

The National Institute on and (NIAAA) defines binge drinking as a pattern of drinking alcohol that brings blood alcohol concentration (BAC) levels to .08 g/dL or above.

For the typical adult, this pattern corresponds to consuming 5 or more drinks (males) and 4 or more drinks (females), in about 2 hours.

According to the CDC, approximately 38 million adults report binge drinking an average of four times per month, and consume an average of eight drinks per binge episode.

21 Alcohol Poisoning SIGNS OF ALCOHOL POISONING IF SOMEONE WON’T WAKE UP • Call 911 for help. Do NOT wait for all symptoms to be present. Do NOT try to • Unconscious or semiconscious (passed guess the level of drunkenness. out) • Keep him/her on their side. • No response to pinching • Perform CPR until medical help arrives • Slow or irregular breathing: less than if their pulse is less than 40 beats per 8 breaths per minute, 8-10 seconds minute or their breathing is less than 8 between breaths breaths per minute. • Low body temperature • Don’t panic. • Slow heart rate • Don’t leave them alone to “sleep it off.” • Bluish or pale, cold clammy skin • Don’t give them food or coffee. • Vomiting while “sleeping” or passed out • Don’t try to make them vomit. • Don’t put them in a cold shower.

According to the CDC, more than 2,200 people die from alcohol poisoning each year in the U.S. Three in four alcohol poisoning deaths involve adults ages 35-64.

22 If You Need Help If the person is unconscious, call 911 or take them to the emergency room immediately. If the person is conscious, it is important to keep them awake. Calling 911 would still be appropriate, but you may also call the poison control center at 1-800-222-1222. The staff there can assist you in determining if emergency assistance is needed. When you call, you will need to 911 provide staff with the: • amount of alcohol consumed; • time frame in which it was consumed; and • type of alcohol consumed. Remember to provide information in standard size drinks or provide the size of the beverage consumed. Most importantly, be honest when answering their questions.

Have the courage to intervene. Call 911! 23 What happens when the person goes to the hospital? If you or your friend go to the hospital for alcohol poisoning, the doctor will check for vital signs and probably order a blood test. This test will check blood alcohol levels and check for other alcohol toxicity, such as low blood sugar. A urine test can also confirm the diagnosis of alcohol poisoning. Typical care at the hospital includes: • careful monitoring; • prevention of breathing or choking problems; • oxygen therapy; • fluids given through an IV (intravenously) to prevent dehydration; and • use of thiamin and glucose, as needed. (These nutrients can prevent serious complications of alcohol poisoning.) Anyone that is treated for alcohol poisoning should get follow-up care. Help is available, but often isn’t offered. Don’t be afraid to ask. (For more information, go to www.mayoclinic. com/health/alcohol-poisoning/DS00861.)

24 Safe Drinking Habits/ Preventive Measures Choose Hydrate Choose when to drink and Drink water before you when not to drink. You start consuming alcohol. don’t have to drink at all Drink a nonalcoholic events. Remember the beverage between each is 21. alcoholic beverage.

Eat Track Be sure to eat a full meal Track how many drinks you before you start drinking. have had. Track how long you have been drinking.

Designate Pace Designate a driver. Pace yourself as you drink, Don’t get in the car with and try to space out your someone who has been drinks to no more than one drinking. an hour.

25 Other Dangers The consequences of excessive drinking and intoxication are far reaching and can impact others whether or not they choose to consume alcohol. A few examples of the problems include: • death • health problems/suicide attempts • injury • • assault • vandalism • sexual assault • property damage • unsafe sex • police involvement • academic problems • alcohol abuse and dependence Not all college students drink. However, according to the NIAAA, about four of every five college students drink alcohol. This includes about 60 percent of students age 18 to 20. Approximately two of every five college students of all ages (more than 40 percent) have reported engaging in binge drinking at least once during the past two weeks.

26 Hours of Sale

On-Premise Location* Off-Premise Beer/Wine Location (Bar or Restaurant) (Convenience Store or Grocery Store) Monday-Friday: 7am-Midnight Monday-Friday: 7am-Midnight Saturday: 7am-1am Saturday: 7am-1am Sunday: Noon-Midnight** Sunday: Noon-Midnight

*If the establishment has a late hours permit, they can sell alcohol for on-premise Package Store consumption until 2am any night of the (Liquor Store) week. Monday-Saturday: 10am-9pm **Sunday, 10am-Noon –only in conjunction Closed on Sunday with the service of food.

27 What a Licensed Retailer Needs to Know The Texas Alcoholic Beverage Code requires sellers and servers to refuse alcoholic beverage service to intoxicated persons and minors.

These public safety violations may result in the cancellation or suspension of the establishment’s license or permit to sell alcoholic beverages.

You may also be held civilly liable for selling or serving alcoholic beverages to an individual if: (1) at the time the provision occurred it was apparent to the provider that the individual being sold, served, or provided with an alcoholic beverage was obviously intoxicated to the extent that he presented a clear danger to himself and others; and (2) the intoxication of the recipient was the proximate cause of the damages suffered. Texas Alcoholic Beverage Code §2.02

28 What a Licensed Retailer Needs to Know - Safe Harbor 1. The person selling is not the owner or an officer of the company; 2. The person selling holds a current seller-server training certificate from a TABC approved school; 3. All employees engaged in the sale, service, or delivery of alcoholic beverages, as well as their immediate managers, are certified within 30 days of their hire date; 4. The employer has written policies for responsible alcohol service and ensures that each employee has read and understands these policies; 5. The employer does not directly or indirectly encourage the employee to violate the law; and 6. There are not more than three of these types of violations within a twelve month period.

For additional information related to Safe Harbor requirements, refer to the Texas Alcoholic Beverage Code §106.14 and TABC Administrative Rules §34.4.

29 What a Licensed Retailer Needs to Know - Responsible Service • Know and abide by the legal hours of sale at your business.

• Check IDs. If you’re not sure the patron is over 21, insist on a federal or state government-issued photo ID that hasn’t expired.

• Selling alcohol to a minor is a misdemeanor with a fine up to $4,000 and/or up to a year in jail.

• Selling alcohol to an intoxicated person is a misdemeanor with a fine from $100- $500 and/or up to a year in jail.

• Support your employees’ efforts to sell and serve alcohol responsibly.

• A permit holder can be fined, or the permit suspended or canceled if an employee violates the law.

30 What a Licensed Retailer Needs to Know - Seller Training Certification Verify employees are certified by checking the TABC website at https://online.tabc. state.tx.us/datamart/searchTrainee.do. Select “Certificate Inquiry” then enter the employee’s social security number and date of birth.

Note: Certified seller training schools have 14 days to Certificate # upload trainee information into the TABC database. If an employee claims to be certified and is not in the Seller Training Certification

Trainee’s Name system, contact TABC at 512-206-3420. has completed a TABC approved Seller Training Program.

aining Tr S c r h le Expiration date: l o

e o 2 years from date of issue l S Approved 12 3 3-12 Trainer Signature

31 Have a safe and responsible holiday season!

www.tabc.texas.gov | www.2young2drink.com