Minors Using Alcohol

Texas Lawmakers have taken a strong stance against minors using alcohol. It is known as “Zero Tolerance”, with the goal of curbing the use and abuse of alcohol by minors.

Minors can be cited under the new Zero Tolerance laws for buying, attempting to buy, possessing, consuming, or driving with any detectable amount of alcohol in their system. Gone are the days when the officer would let a minor pour out his beer, scold him, and subsequently let him go home, or have his parents come and pick him up. Today, if a minor has any detectable amount of alcohol in their system-odor on their breath is enough- and they are stopped while driving, they can be ticketed for a DUI, even if they are not intoxicated.

It is important to understand that the odor of alcohol on your breath is a “detectable” amount. The police do not have to offer a breath test. It is irrelevant if any of the alcohol is still in the body, as long as the officer can smell it on your breath.

The Zero Tolerance laws and their sanctions are designed to rehabilitate and educate minors as opposed to more punitive measures associated with adults. To learn more about this area of the law, go to Chapter 106 of the Texas Alcohol Beverage Code. To fully understand how any of the following provisions might apply to the specific facts of your or your child’s case, you should consult with an experienced criminal defense lawyer to protect you and your legal rights.

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