Education Code 38.007

The [school] board of trustees shall prohibit the use of alcoholic beverages at a school-related or school-sanctioned activity on or off school property.


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Consumption of Alcohol by a Minor  Alcohol Beverage Code 106.04

(a) A minor commits an offense if he consumes an alcoholic beverage.

Possession of Alcohol by a Minor Alcohol Beverage Code 106.05  (a) A minor commits an offense if he possesses an alcoholic beverage.

 

 

*The defense for 106.04 and 106.05 is in section (b) of both laws; however, that will not matter because Education Code 38.007 will negate that excuse.  Section (b) in both laws allows possession or consumption of an alcoholic beverage in the visible presence of a student's adult parent, guardian, or spouse. Consumption literally means you must witness or have facts that determine that the minor drank a substance that is alcohol.  Possession literally means you must personally witness the minor with an alcoholic beverage in his hand or within his span of control.

Hypothetical: If  4 students are standing outside of a closed car and there are 2 open beers half empty in the back seat of a car to whom do you charge with possession and consumption of the beers? Nobody. You cannot identify possession or consumption with these facts. You cannot even punish the owner of the vehicle. However, if you saw a specific student quickly jump out of the back seat of the car where the beers were to the outside of the car and smelled an alcoholic beverage on the student’s breath you got him! It would be easier to charge him with possession rather than consumption because that is an easier charge to prove. Remember the loophole? He had a beer with his dad. Besides, the root beer that he says he drank may be believed by someone on a jury. On the other hand, with 2 beers in the student’s span of control you have possession.

Punishment for alcohol-related offense by minor    (Possession/Consumption)                    Class C  Alcohol and Beverage 106.071

First Offense: Up to $500 fine/  8-12 hours Community Service/  30 days loss of driver’s license or permit/  Alcohol Awareness Program

Second Offense: Up to $500 fine/  20-40 hours Community Service/  60 days loss of driver’s license or permit/   Alcohol Awareness Program is optional with judge.

Third Offense: $250-$2000 fine/  up to 180 days loss of license/  Alcohol Awareness Program is optional with judge/  up to 180 days in jail.

The third offense is labeled a Class C misdemeanor but is punished as a Class B.