Understanding the Law on Alcohol and Minors in Dallas, TX
Since 1997, when drastic changes in the law concerning minors were made, Lawmakers have taken a hard line 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 make you pour your beer out on the ground, scold you, and subsequently let you go home, or have your parents come pick you up. Today, if a minor has any detectable amount of alcohol in their system (odor on their breath is enough) and is stopped while driving, he or she can be ticketed for a DUI, even if 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. For arrest purposes it is irrelevant if any of the alcohol is still in the body, as long as the officer can smell it on your breath. This means that having a beer with Dad when you are 20 (which is legal since he is your legal guardian) and then driving to a friend’s house is against the law.
The Zero Tolerance laws and their sanctions are designed to rehabilitate and educate minors as opposed to more punitive measures associated with adults. The following information (Chapter 106 of the Texas Alcohol Beverage Code) should be used as a general introduction to how the law treats minors and alcohol. 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 a licensed attorney who can answer your questions.
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