Texas Alcoholic Beverage Code Offenses 106.07 – Misrepresentation of Age by a Minor
WHAT IS MISREPRESENTATION OF AGE BY A MINOR IN TEXAS?
The Texas law against misrepresentation of age by a minor prohibits a person under 21 from falsely stating or presenting a document misrepresenting that he or she is older than 21 for the purpose of buying or being served alcohol.
WHAT IS THE MISREPRESENTATION OF AGE BY A MINOR LAW IN TEXAS?
Texas Alcoholic Beverage Code § 106.07. MISREPRESENTATION OF AGE BY A MINOR.
(a) A minor commits an offense if he falsely states that he is 21 years of age or older or presents any document that indicates he is 21 years of age or older to a person engaged in selling or serving alcoholic beverages.
(b) An offense under this section is punishable as provided by Section 106.071.
Texas Alcoholic Beverage Code § 106.071. PUNISHMENT FOR ALCOHOL- RELATED OFFENSE BY MINOR
(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 or drugs, as applicable, 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 juvenile adjudication 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.
. . .
(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.
WHAT IS THE PENALTY CLASS FOR MISREPRESENTATION OF AGE BY A MINOR IN TEXAS?
Misrepresentation of age by a minor is a Class C misdemeanor, punishable by a maximum $500 fine. If a minor has been previously convicted twice for misrepresenting his or her age, a subsequent offense is punishable by up to 180 days in county jail.
WHAT IS THE PUNISHMENT RANGE FOR MISREPRESENTATION OF AGE BY A MINOR IN TEXAS?
The punishment range for misrepresentation of age by a minor charged as a Class C misdemeanor is a maximum fine of $500, and no jail time. A third offense is punishable by up to 180 days in jail, and a fine between $250 and $2,000.
WHAT ARE THE PENALTIES FOR MISREPRESENTATION OF AGE BY A MINOR IN TEXAS?
A minor charged with misrepresentation of age may be eligible for deferred adjudication, or deferred disposition, for a period not to exceed 180 days. A judge must also order the minor to complete eight to 12 hours of community service, or 20 to 40 hours if the minor has been previously convicted of misrepresenting his or her age.
- Does a misrepresentation of age by a minor conviction in Texas result in license suspension? Yes. According to Texas Alcoholic Beverage Code Section 106.071, a minor who has not been previously convicted of misrepresenting his or her age will receive a license suspension for 30 days. The suspension is increased to 60 days if the minor has one prior conviction, and 180 days with two prior convictions.
WHAT ARE THE DEFENSES TO MISREPRESENTATION OF AGE BY A MINOR IN TEXAS?
The statute does not authorize specific defenses to misrepresentation of age by a minor. A person accused thereof may attempt to negate at least one of the elements the State must prove at trial.
WHAT IS THE STATUTE OF LIMITATIONS FOR MISREPRESENTATION OF AGE BY A MINOR IN TEXAS?
The limitation period for misrepresentation of age by a minor is two years.
MISREPRESENTATION OF AGE BY A MINOR IN TEXAS
A minor who presents any documentation indicating he or she is 21 years of age or older to a person selling or serving alcohol may be charged with the Class C misdemeanor of misrepresentation of age by a minor. Depending on the minor’s conduct, he or she may also be charged with tampering with a governmental record, which is a higher penalty.
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WE FIGHT FOR DISMISSAL
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
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