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Texas Alcoholic Beverage Code - Section 106.071. Punishment For Alcohol-Related Offense By Minor

Legal Research Home > Texas Laws > Alcoholic Beverage Code > Texas Alcoholic Beverage Code - Section 106.071. Punishment For Alcohol-Related Offense By Minor

§ 106.071. PUNISHMENT FOR ALCOHOL-RELATED OFFENSE BY 
MINOR.  (a) This section applies to an offense under Section 
106.02, 106.025, 106.04, 106.05, or 106.07.
	(b)  Except as provided by Subsection (c), an offense to 
which this section applies is a Class C misdemeanor.
	(c)  If it is shown at the trial of the defendant that the 
defendant is a minor who is not a child and who has been previously 
convicted at least twice of an offense to which this section 
applies, the offense is punishable by:
		(1)  a fine of not less than $250 or more than $2,000;                        
		(2)  confinement in jail for a term not to exceed 180 
days;  or             
		(3)  both the fine and confinement.                                           
	(d)  In addition to any fine and any order issued under 
Section 106.115:     
		(1)  the court shall order a minor placed on deferred 
disposition for or convicted of an offense to which this section 
applies to perform community service for:
			(A)  not less than eight or more than 12 hours, if 
the minor has not been previously convicted of an offense to which 
this section applies;  or
			(B)  not less than 20 or more than 40 hours, if the 
minor has been previously convicted once of an offense to which this 
section applies;  and
		(2)  the court shall order the Department of Public 
Safety to suspend the driver's license or permit of a minor 
convicted of an offense to which this section applies or, if the 
minor does not have a driver's license or permit, to deny the 
issuance of a driver's license or permit for:
			(A)  30 days, if the minor has not been previously 
convicted of an offense to which this section applies;
			(B)  60 days, if the minor has been previously 
convicted once of an offense to which this section applies;  or
			(C)  180 days, if the minor has been previously 
convicted twice or more of an offense to which this section applies.
	(e)  Community service ordered under this section must be 
related to education about or prevention of misuse of alcohol if 
programs or services providing that education are available in the 
community in which the court is located.  If programs or services 
providing that education are not available, the court may order 
community service that it considers appropriate for rehabilitative 
purposes.
	(f)  In this section:                                                          
		(1)  a prior adjudication under Title 3, Family Code,  
that the minor engaged in conduct described by this section is 
considered a conviction;  and
		(2)  a prior order of deferred disposition for an 
offense alleged under this section is considered a conviction.
	(g)  In this section, "child" has the meaning assigned by 
Section 51.02, Family Code.
	(h)  A driver's license suspension under this section takes 
effect on the 11th day after the date the minor is convicted.
	(i)  A defendant who is not a child and who has been 
previously convicted at least twice of an offense to which this 
section applies is not eligible to receive a deferred disposition 
or deferred adjudication.

Added by Acts 1997, 75th Leg., ch. 1013, § 9, eff. Sept. 1, 1997.  
Amended by Acts 1999, 76th Leg., ch. 76, § 4, eff. Sept. 1, 1999;  
Acts 1999, 76th Leg., ch. 1207, § 3, eff. Sept. 1, 1999;  Acts 
2005, 79th Leg., ch. 949, § 30, eff. Sept. 1, 2005.

Last modified: August 11, 2007