Definitions
Minor (106.01) means person less than 21 years of age
Child (Family Code 51.02) 10 to 16 years (excluded from class b misdemeanor enhancement)

Alcoholic Beverage Code
106.01 Purchase of Alcohol by Minor
106.025 Attempt to Purchase
106.04 Consumption of Alcohol by Minor
106.05 Possession of Alcohol by Minor
106.07 Misrepresentation of Age by Minor (to purchase alcohol)

Punishment for Alcohol related offenses except DUI
(1) Fine - up to $500 for first offense. (Class C Misdemeanor)

• Class B misdemeanor - Punishment increases (enhancement for minors): If there is a trial and it is shown at trial that the Defendant is a minor and not a child (17 to 20)
• and has 2 priors then the fine is $250 to $2000, up to 6 months in jail or both.

(2) Community service related to misuse of alcohol 8-12 hours if no prior, 20 to 40 hours if prior

If convicted court shall order DPS to suspend driver's license for 30 days for first offense, 60 days for second or 180 days for third offense ((1) do not see this in the DUI and (2) do not think that this applies to deferred disposition)

Prior order of deferred disposition is a conviction for the alcohol related offenses. Does this mean that it is not a conviction if there is only one, but the first one is a conviction when there is a second or is the first one by itself a conviction. Consumption of alcohol by minor for the first one is a conviction.

The statutes only allowed 2 deferred dispositions!!!

106.041 DUI
Punishment
(1) Fine - Up to $500 (Class C Misdemeanor)
Class B Misdemeanor - Punishment Increases (enhancement)
• If there is a trial and
• it is shown that the Defendant is a minor who is not a child (17 - 20 years of age)
• and defendant has 2 prior convictions for a DUI then the fine is $500 to $2000 and/or 6 months in jail
(2) Community service related to alcohol -
o first offense - 20 - 40 hours,
o if not first offense - 40 to 60 hours

Deferred disposition is a conviction.

Also there is an ALR suspension hearing - may lose DL for 60 days for the first, 120 for the second, 180 for the third.

Punishment for All offenses - Alcohol Awareness Program
All alcohol related offenses must attend alcohol awareness program within 90 days (good cause 180 days). Parent may have to go also. When completed assessed fine may be reduced to no less than half of initial fine. (not using term deferred disposition fee)
Fail to take class - first offense - Court orders DPS to suspend license for up to 6 months
Second offense - suspension is up to 1 year

DPS is the record keeper under the statutes for all offenses. Information is admissible in trial. Entered by driver's license.

What is reported?

• adjudication
• conviction
• deferred disposition
•  even acquittals for DUI