Alcohol-related legal issues can have far-reaching consequences in Texas. Whether you’re facing charges of DWI, public intoxication, or underage drinking. At True Law Firm, we offer public intoxication defenses in San Antonio and we are dedicated to guiding you through these complex legal waters, advocating for your rights, and working toward the best possible outcome for your case.
What Constitutes Alcohol Offenses?
In Texas, alcohol offenses encompass a range of violations related to the possession, consumption, and distribution of alcoholic beverages. Common infractions include DWI (Driving While Intoxicated), public intoxication, open container violations, and underage drinking. These offenses can result in fines, license suspension, and even imprisonment, making it crucial to seek experienced legal representation. At True Law Firm, we’re here to help you understand your rights and fight for the best possible outcome in your case.
Types of Alcohol Offenses
Open Container Violations
An open container violation in Texas occurs when a person possesses an open alcoholic beverage container in the passenger area of a motor vehicle located on a public highway or the right-of-way of a public highway.
It is considered a Class C misdemeanor, which is punishable by fines not exceeding $500. While this may be a relatively minor offense compared to some others, it can still impact your record and driving privileges. For more information, consult with our lawyers for public intoxication defense in San Antonio.
Public Intoxication
Public intoxication in Texas, as defined by Texas Penal Code § 49.02, occurs when an individual appears in a public place while visibly intoxicated to the degree that they may endanger themselves or others. Public intoxication can involve the consumption of alcohol or other controlled substances, and it is classified as a Class C misdemeanor under Texas law.
Being charged with public intoxication can result in fines not exceeding $500. While considered a relatively minor offense, it can still have long-lasting repercussions, such as a criminal record that may affect future opportunities. If you or someone you know is facing charges of public intoxication, seek legal representation to understand your rights and options.
Driving While Intoxicated (DWI)
Driving While Intoxicated, commonly known as DWI, is a grave alcohol-related offense in Texas. It occurs when an individual operates a motor vehicle in a public place while impaired by alcohol or drugs, rendering their normal faculties compromised. In Texas, the legal blood alcohol concentration (BAC) limit for adults is 0.08%. However, it’s vital to note that drivers under 21 can face DWI charges with any detectable amount of alcohol in their system. If you’re facing DWI charges our expert team for public intoxication defense in San Antonio is dedicated to working toward the best possible outcome for your case.
For first-time offenders, penalties may include fines of up to $2,000, a driver’s license suspension ranging from 90 days to one year, mandatory attendance in alcohol education programs, and even a jail sentence of up to 180 days. Subsequent DWI convictions can lead to more severe penalties, including larger fines, longer license suspensions, and extended jail time. A DWI conviction can have lasting effects on your personal and professional life.
Underage Drinking
Underage drinking in Texas refers to the consumption of alcoholic beverages by individuals under the legal drinking age of 21. This offense is taken seriously in the state due to concerns about the potential health and safety risks associated with alcohol consumption among minors. While some states allow limited alcohol consumption by minors under specific circumstances, Texas maintains a strict “zero tolerance” policy for underage drinking, meaning any detectable amount of alcohol in a minor’s system can lead to legal consequences.
If you have been charged with a crime involving alcohol, or if you are the parent of a college or high school student charged with a crime, your first priority should be to get dedicated legal representation with our San Antonio public intoxication defense. Underage drinking offenses in Texas can result in fines, mandatory alcohol awareness programs, community service, and the suspension of driving privileges. It’s essential to seek experienced legal counsel to protect your rights and explore potential options for mitigating the impact of these charges on your future.
Minor in Possession Charges
A minor in possession (MIP) offense in Texas occurs when an individual under the age of 21 is found in possession of alcohol, including attempting to purchase, consume, or even holding an alcoholic beverage. This offense is regulated under § 106.05 of the Tex. Alcoholic Beverage. A minor in possession offense is typically classified as a Class C misdemeanor, which can result in a fine of up to $500 and eight to 12 hours of community service.
For repeat offenders, the consequences become more severe. If someone has been previously convicted of this offense, they can face up to 180 days in jail and/or a fine ranging from $250 to $2,000. It’s vital for those facing MIP charges or their parents to seek legal counsel to understand the consequences and explore the best legal strategies to address the situation.
When Facing Alcohol Offense
Charges, You Must:
- Consult an experienced attorney who specializes in public intoxication defense in San Antonio.
- Familiarize yourself with your case’s details, including the offense’s nature.
- Ensure you meet all court deadlines, including appearance dates and filing requirements.
- Refrain from discussing your case with law enforcement or others without your attorney.
- Collect any relevant evidence in your defense, such as witness statements or documentation.
- Maintain detailed records of interactions with law enforcement and court appearances.
- If mandated, attend alcohol awareness or educational programs.
- Provide your attorney with any updates or information that could impact your case.
- Adhere to your attorney’s advice and guidance throughout the legal process.
Alcohol Offenses FAQs
What is the legal drinking age in Texas?
In Texas, the legal drinking age is 21. It is illegal for anyone under this age to purchase, possess, or consume alcoholic beverages.
Can I refuse a breathalyzer or blood test during a DWI stop?
You have the right to refuse a breathalyzer or blood test in Texas. However, refusal can result in immediate license suspension, which may be used against you in court as evidence of guilt. For more information, contact our lawyers for public intoxication defense in San Antonio.
What is the legal limit for blood alcohol concentration (BAC) while driving in Texas?
The legal limit for BAC while driving in Texas is 0.08% for adults. However, for individuals under 21, any detectable amount of alcohol can result in criminal charges.
What are the penalties for a first-time DWI offense in Texas?
For a first-time DWI offense in Texas, penalties may include fines of up to $2,000, a driver’s license suspension ranging from 90 days to one year, mandatory alcohol education programs, and possible jail time of up to 180 days.
Can I have my alcohol offense expunged from my record in Texas?
Expungement options vary depending on the specific offense and your criminal history. Our attorney can explore the possibility of expungement and determine your eligibility.
Contact True Law Firm
True Law Firm is here to provide dedicated legal support when you need it most. Our team of lawyers for public intoxication defenses in San Antonio truly cares about you and your case. We pride ourselves on being readily available to address your concerns. With a track record of delivering great results and our commitment to keeping clients in the loop every step of the way, we advocate for you with the utmost dedication. If you’re facing legal challenges related to alcohol offenses, schedule a consultation today. Your future deserves our unwavering support.
