Drinking & driving laws

What Every College Student Needs to Know About Drinking, Driving and the Law too young to 2drink

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Educational Materials can be ordered at: www.2young2drink.com

3 This booklet was designed to inform you, as a college student, about some of the penalties you could face if you choose to drink and drive.

If you are over 21, your blood content (BAC) limit is 0.08 in on all roadways. If you are under 21, don’t drink.

4 in this booklet

 Zero Tolerance  Purchase / Furnish Alcohol to

 Driving Under the Influence of a Minor

Alcohol by a Minor (DUI)  Public Intoxication

 Driving While Intoxicated (DWI)  Fake IDs

 Intoxication Assault and 

Manslaughter  Penalties

5 Zero Tolerance

While it is illegal for anyone to drive while intoxicated, it is also illegal for a minor (anyone under 21) to operate a motor vehicle or watercraft while having ANY detectable amount of alcohol in the minor’s system.

TABC Code §106.041

6 DUI Penalties First Offense Second Offense Class C Misdemeanor Class C Misdemeanor • Fine up to $500; • Fine up to $500; • Alcohol awareness class; • Alcohol awareness class; • 20 to 40 hours of community • 40 to 60 hours of community TABC Code §106.041 service; service; • 60 days driver´s license suspension; • 120 days driver´s license suspension; • The minor would not be eligible for • The minor would not be eligible for an occupational license for the an occupational license for the first 30 days. first 90 days.

7 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 to $500 - $2,000, confinement in jail for up to 180 days, or both.

8 Intoxicated

“Intoxicated” means:

(A) not having 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

9 Driving While Intoxicated (DWI)

It is an offense if a person operates a motor vehicle in a public place while intoxicated.

Texas Penal Code §49.04

Class A Misdemeanor if BAC 0.15 Class B Misdemeanor if BAC > • Fine up to $4,000 and / or 0.08 and up to 0.15 • Up to 1 year in jail. • Fine up to $2,000; and / or • 3 to 180 days in jail; and • 90 days to 1 year loss of driver’s license.

10 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.

Texas Penal Code §49.045

State Jail Felony • 180 days to 2 years in jail and / or • Fine up to $10,000.

11 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.

Texas Penal Code §49.07 Third Degree Felony • 2 to 10 years in jail (for each count) and / or • Fine up to $10,000 (for each count).

12 Intoxication Assault 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. Texas Penal Code §49.08

Second Degree Felony • 2 to 20 years in jail (for each count) and/or • Fine up to $10,000 (for each count).

13 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:

TABC Code §106 Class C Misdemeanor • Fine up to $500; • Alcohol awareness class; • 8 to 40 hours of community service; and • 30 to 180 days suspension or denial of driver’s license.

14 Purchase/Furnish Alcohol 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.

TABC Code §106.06

TABC Code §106 Class A Misdemeanor • Fine up to $4000; and / or • Up to one year in jail; and • Automatic suspension of driver’s license for 180 days upon conviction.

*A minor can commit this offense as well. 15 public intoxication

Public Intoxication is defined as appearing in a public place while intoxicated to the degree that the person may be a danger to the person or others.

Texas Penal Code § 49.02

16 fake ids

The use of fake IDs to misrepresent one’s age, while attempting to buy an alcoholic beverage, is a violation of the Texas Alcoholic Beverage Code. The possession, use, manufacture, or distribution of fake ID’s is a violation of other state laws. The possession, use, manufacture, or distribution of counterfeit IDs - some of the high quality fake IDs cross that line violates both state and federal law. TABC Code § 106.07

17 over or under 21 designated drivers

If you are over 21, a of 0.08 is the limit to operate a motor vehicle or watercraft on any Texas roadway or waterway.

If you are under 21, don’t drink.

18 designated drivers

Make a plan before going out. Always designate a sober driver if you plan on drinking. If you are impaired, do not drive - call a taxi, use mass transit, contact the community safe ride program or call a sober friend or family member to get you home safety or simply stay where you are.

remember: it is illegal to drink to intoxication in public

19 can you afford it? a losing game FIRST -TIME DW A DWI arrest and conviction in Texas This is what your bill could beI can cost up to $17,000. Offenders DWI BILL 21139. may need to pay a long list of costs, including vehicle towing and FINE impoundment, bail, attorney fees, BAIL 2,000 LAWYER FEES 2,075 C court and probation fees, fees to OUNTY FEES 4,800 C regain or retain a driver license, and OURT-ORDERED CLASSES 780 VEHICLE INSURA 300 a hike in auto insurance premiums. LICENSE FEES NCE 246 OTHER EXPENSES 1,950 4,849 UP TO $17,000 Designate a sober driver or let us call you a ca b. Get more in TexasDWI.or fo at g. 20 a losing game FIRST -TIME DW This is what your bill could beI  A DWI can cause you to lose your license, be put on DWI BILL 21139. probation or even go to jail.

FINE  court costs, fines, and fees of a DWI can add up to BAIL 2,000 $17,000. LAWYER FEES 2,075 C OUNTY FEES 4,800 C OURT-ORDERED CLASSES 780  A DWI can cause your career goals and ambitions to VEHICLE INSURAN 300 LICENSE FEES CE 246 dry up because it stays on your record. OTHER EXPENSES 1,950 4,849 UP TO  Drinking and driving can result in physical injuries or $17,000 Designate a sober driver or let us call even death. you a ca b. Get more in TexasDWI.or fo at g. get a sober ride, not a dwi 21 911 lifeline law A minor may not be charged with possession or consumption if they:

(1) requested emergency medical assistance in response to the possible alcohol overdose of the minor or another person; (2) was the first person to make a request for emergency medical assistance under Subdivision (1); and (3) if the minor requested emergency medical assistance for the possible alcohol overdose of another person: (A) remained on the scene until the medical assistance arrived; and (B) cooperated with medical assistance and law enforcement personnel.

22 A minor may also not be charged with possession or consumption if they report the sexual assault of the minor or another person, or is the victim of a sexual assault reported by another person to:

(1) a health care provider treating the victim of the sexual assault; (2) an employee of a law enforcement agency, including an employee of a campus police department of an institution of higher education; or (3) the Title IX coordinator of an institution of higher education or another employee of the institution responsible for responding to reports of sexual assault.

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