106.041. 1, eff. 1004 (H.B. The presumption may be rebutted only by evidence presented under oath. (2) order the Department of Public Safety to suspend the driver's license or permit of the defendant or, if the defendant does not have a driver's license or permit, to deny the issuance of a driver's license or permit to the defendant for 180 days. (e) Community service ordered under Subsection (d) is in addition to any community service ordered by the judge under Article 42A.304, Code of Criminal Procedure, and must be related to education about or prevention of misuse of alcohol if programs or services providing that education are available in the community in which the court is located. Sept. 1, 1991. 49.01. 2, eff. 62, Sec. A person who holds a driver's license having the same number that is contained in a record maintained under this section is presumed to be the person to whom the record relates. (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; (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. 2.01, eff. Added by Acts 1997, 75th Leg., ch. [5] … September 1, 2005. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1426), Sec. 1139, Sec. 842 (H.B. (2) not less than 40 or more than 60 hours, if the minor has been previously convicted of an offense under this section. Aug. 27, 1979; Acts 1991, 72nd Leg., ch. Acts 2009, 81st Leg., R.S., Ch. Amended by Acts 1991, 72nd Leg., ch. § 106.041 (2009). (a) A permittee or licensee commits an offense if he employs, authorizes, permits, or induces a person younger than 18 years of age to dance with another person in exchange for a benefit, as defined by Section 1.07, Penal Code, on the premises covered by the permit or license. 514 (H.B. Acts 2011, 82nd Leg., R.S., Ch. Texas Penal Code Sec. 391 (S.B. (4) if the beverage is lawfully provided to the minor under Section 106.16. Sept. 1, 1977. (a) Except as provided in Subsection (b) of this section, a person commits an offense if he purchases an alcoholic beverage for or gives or with criminal negligence makes available an alcoholic beverage to a minor. It’s critical to find the right representation to make sure a DUI early in life doesn’t impact a juvenile later in life. 194, Sec. Acts 2005, 79th Leg., Ch. Amended by Acts 1993, 73rd Leg., ch. Acts 2005, 79th Leg., Ch. 514 (H.B. September 1, 2015. EXCEPTION FOR CERTAIN COURSE WORK. 462, Sec. Penal Code. (e) The holder of a permit or license providing for the on-premises consumption of alcoholic beverages who also holds a food and beverage certificate may employ a person under 18 years of age to work as a cashier for transactions involving the sale of alcoholic beverages if the alcoholic beverages are served by a person 18 years of age or older. 934, Sec. 1013, Sec. Acts 2017, 85th Leg., R.S., Ch. Sec. 1, eff. Acts 2015, 84th Leg., R.S., Ch. (d) Any person placed under a custodial or noncustodial arrest for not more than one violation of this code while a minor and who was not convicted of the violation may apply to the court in which the person was charged to have the records of the arrest expunged. (3) “Public place” has the meaning assigned by Amended by Acts 1989, 71st Leg., ch. (e) The court shall charge an applicant a reimbursement fee in the amount of $30 for each application for expunction filed under this section to defray the cost of notifying state agencies of orders of expunction under this section. (4) “Watercraft” has the meaning assigned by Acts 2009, 81st Leg., R.S., Ch. (c) An offense under this section is punishable as provided by Section 106.071. PURCHASE OF ALCOHOL BY A MINOR. 464 (H.B. SALE TO MINORS. Sept. 1, 1977. (a) Except as provided in Subsections (b) and (c) of this section, the commission or administrator may cancel or suspend for not more than 90 days a retail license or permit or a private club registration permit if it is found, on notice and hearing, that the licensee or permittee with criminal negligence sold, served, dispensed, or delivered an alcoholic beverage to a minor or with criminal negligence permitted a minor to violate Section 106.04 or 106.05 of this code on the licensed premises. 1, eff. (a) Any person convicted of not more than one violation of this code while a minor, on attaining the age of 21 years, may apply to the court in which he was convicted to have the conviction expunged. DUI pertains only to minors under the age of 21 who operate a motor vehicle (which can be a watercraft as well as an automobile) “with any detectable amount of alcohol in the minor’s system.” That’s according to Texas Penal Code Section 106.041. , the court shall order a minor convicted of an offense under this section to perform community service for: (1) not less than 20 or more than 40 hours, if the minor has not been previously convicted of an offense under this section;  or. (a) In this section: (1) "Career school or college" has the meaning assigned by Section 132.001, Education Code. 693), Sec. Sept. 1, 1997. Text of subsec. (e) An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies. 107, Sec. 4, eff. 10, eff. (4) "Watercraft" has the meaning assigned by Section 49.01, Penal Code. For a third offense within a period of 36 consecutive months the commission or administrator may cancel the permit or suspend it for not more than 12 months. Sept. 1, 2001. PURCHASE OF ALCOHOL FOR A MINOR; FURNISHING ALCOHOL TO A MINOR. 1, eff. Sept. 1, 1994. For more detailed codes research information, including annotations and citations, please visit Westlaw. Section 49.01, Penal Code Intoxicated is defined in Section 49.01 of the Texas Penal Code as meaning: Sept. 1, 1981; Acts 1983, 68th Leg., p. 2649, ch. (1) a prior adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered a conviction; and. (2) an order of deferred disposition for an offense alleged under this section is considered a conviction of an offense under this section. Sec. Texas penal code Section 49.04 defines the laws for DUI & DWI charges. 194, Sec. If the defendant presents the required evidence within the prescribed period, the court may reduce the assessed fine to an amount equal to no less than one-half of the amount of the initial fine. If the defendant has been previously convicted once or more of an offense under one or more of those sections, the court may require the defendant to attend an alcohol awareness program, a drug education program, or a drug and alcohol driving awareness program described by this subsection. 49.045 4, eff. (2) the person is a minor arrested for an offense under Section 106.041, Alcoholic Beverage Code, or Section 49.04, 49.045, or 49.06, Penal Code, or an offense under Section 49.07or 49.08, Penal Code, involving the operation of a motor vehicle or watercraft and: (A) the minor is not requested to submit to the taking of a specimen; or Microsoft Edge. 1139, Sec. Fighting charges for DUI in Texas A DUI in Texas can come with some pretty heavy consequences for a minor. The Texas Department of Licensing and Regulation or Texas Commission of Licensing and Regulation, as appropriate: (1) is responsible for the administration of the certification of approved alcohol awareness programs; (2) may charge a nonrefundable application fee for: (A) initial certification of the approval; or, (3) shall adopt rules regarding alcohol awareness programs approved under this section; and. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. • Requires additional sanctions: –Alcohol Awareness Course required –Community Service in addition to fine –Suspension of Driver’s License Minor Driving Under Influence • Alcohol Beverage Code Section 106.041, DUI Elements: - Minor (under 21) 2, eff. 1331), Sec. 2, eff. (c) In addition to a penalty imposed under Subsection (b), the commission or administrator shall: (1) suspend for a period of five days the license or permit of a person convicted of a first offense under Subsection (a); (2) suspend for a period of 60 days the license or permit of a person convicted of a second offense under Subsection (a); and. 80, Sec. 1013, Sec. Community service ordered under this subsection is in addition to community service ordered under Section 106.071(d). 6, eff. 106.09. (b) Except as provided by Subsection (c), an offense to which this section applies is a Class C misdemeanor. 11, eff. (g) An offense under this section is not a lesser included offense under This means that the underage DWI offender will be charged with a … Amended by Acts 1981, 67th Leg., p. 257, ch. 900, Sec. (e) A person does not commit an offense under Subsection (a) if the person younger than 18 years of age falsely represents the person's age to be at least 18 years of age by displaying an apparently valid Texas driver's license or an identification card issued by the Department of Public Safety containing a physical description consistent with the person's appearance. (e) After notice and hearing, the commission may cancel or suspend the commission's approval of a seller training program, the commission's certification of a trainer to teach a seller training program, or the commission's certification of a seller-server if the program, trainer, or seller-server violates this code or a commission rule. 1207, Sec. Sept. 1, 1977. (2) not less than 40 or more than 60 hours, if the minor has been previously convicted of an offense under this section. (h) A driver's license suspension under this section takes effect on the 11th day after the date the minor is convicted. (g) An offense under this section is not a lesser included offense under Section 49.04, 49.045, or 49.06, … The commission may charge an application fee to be set by the commission in such amount as is necessary to defray the expense of processing the application. Sec. 949 (H.B. Vehicle Code 23152 VC – actual impairment or BAC of .08% or higher. 2.01, eff. (b) A person who sells a minor an alcoholic beverage does not commit an offense if the minor falsely represents himself to be 21 years old or older by displaying an apparently valid proof of identification that contains a physical description and photograph consistent with the minor's appearance, purports to establish that the minor is 21 years of age or older, and was issued by a governmental agency. 4, eff. Section 49.04 The information is admissible in any action in which it is relevant. 194, Sec. 462, Sec. 285, Sec. September 1, 2005. Acts 2009, 81st Leg., R.S., Ch. Texas enacted laws to discourage drivers from drinking and driving and make Texas roads safer. What About Small Law Firms? Amended by Acts 1981, 67th Leg., p. 258, ch. Sept. 1, 1986. (C) 180 days, if the minor has been previously convicted twice or more of an offense to which this section applies. 577, Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Amended by Acts 1999, 76th Leg., ch. 194, Sec. Acts 2011, 82nd Leg., R.S., Ch. 3, eff. 106.16. Added by Acts 1993, 73rd Leg., ch. 886 (S.B. September 1, 2021. 13, eff. sec. 106.071. (g) In this section, "child" has the meaning assigned by Section 51.02, Family Code. September 1, 2017. 838 (S.B. 1, eff. June 19, 1997. 194, Sec. Acts 2013, 83rd Leg., R.S., Ch. In this chapter: (1) "Deviate sexual intercourse" means: (A) any contact between any part of the genitals of one person and the mouth or anus of another person; or (B) the penetration of the genitals or the anus of another person with an object. Acts 2015, 84th Leg., R.S., Ch. 194, Sec. 1.01, eff. (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. (3) cancel the license or permit of a person convicted of a third offense under Subsection (a). 232), Sec. (d) This section does not apply to a gift or benefit given for a dance at a wedding, anniversary, or similar event. September 1, 2017. Sept. 1, 1977. Acts 2005, 79th Leg., Ch. September 1, 2005. (a) This section applies to an offense under Section 106.02, 106.025, 106.04, 106.05, or 106.07. Sections 11.62 through 11.67 apply to the program approval or certification as if the program approval or certification were a license or permit under this code. 1, eff. Acts 2019, 86th Leg., R.S., Ch. (b) When requested, an alcohol awareness program may be taught in languages other than English. Sept. 1, 1977. September 1, 2005. 11, eff. 11, 12, eff. January 1, 2017. Big Law Poised to Win Again in 2021. Sec. 456, Sec. Amended by Acts 1981, 67th Leg., p. 257, ch. Penal Code (Driving While Intoxicated), a subsequent offense under Section 49.05, Penal Code ... the Texas Commission on Alcohol and Drug Abuse. (a) A person commits an offense if with criminal negligence he sells an alcoholic beverage to a minor. SANCTIONS AGAINST RETAILER. (i) A peace officer who is charging a minor with committing an offense under this section is not required to take the minor into custody but may issue a citation to the minor that contains written notice of the time and place the minor must appear before a magistrate, the name and address of the minor charged, and the offense charged. Sept. 1, 1977. 3474), Sec. Sept. 1, 2001. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 106.04. Don’t let this make you think it is a minor offense. Accordingly, a minor may be charged with a DUI if they are driving with any amount of alcohol in their system, but are still under the legal limit (blood alcohol content of.08). 643, Sec. Begin typing to search, use arrow keys to navigate, use enter to select. Acts 2017, 85th Leg., R.S., Ch. 464 (H.B. Driving while intoxicated (DWI) is a problem that affects all Texans. (2) the hotels employ a total of at least 200 persons at one time during the license or permit year who sell, serve, or prepare alcoholic beverages. 194, Sec. 2299), Sec. Section 51.02, Family Code (b-3) The Texas Department of Licensing and Regulation shall create a list of community services related to alcohol abuse prevention or treatment in each county in the state to which a judge may sentence a defendant under Subsection (b-1). Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1020), Sec. (2) an order of deferred disposition for an offense alleged under this section is considered a conviction of an offense under this section. 77, eff. Added by Acts 1993, 73rd Leg., ch. 934, Sec. (d) Subsection (a) does not apply to a minor who: (e) Except as provided by Subsection (f), Subsection (a) does not apply to a minor who reports the sexual assault of the minor or another person, or is the victim of a sexual assault reported by another person, to: (f) A minor is entitled to raise the defense provided by Subsection (e) in the prosecution of an offense under this section only if the minor is in violation of this section at the time of the commission of a sexual assault that is: (1) reported by the minor under Subsection (e); or. 1, eff. 80, eff. Acts 2017, 85th Leg., R.S., Ch. Internet Explorer 11 is no longer supported. Acts 2011, 82nd Leg., R.S., Ch. Texas defines a “minor” as someone under 21 years of age. September 1, 2009. 3, eff. (e) Subsection (a) does not apply to a minor who: (1) requested emergency medical assistance in response to the possible alcohol overdose of the minor or another person; (2) was the first person to make a request for medical assistance under Subdivision (1); and. 1.01, eff. For more information regarding DUIs in Texas, refer to Texas Penal Code Section 106.041. 966), Sec. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Amended by Acts 1993, 73rd Leg., ch. September 1, 2015. Sec. Sept. 1, 1999. Sept. 1, 1983; Acts 1985, 69th Leg., ch. (b) The notice must be in a form prescribed by the Department of Public Safety and must contain the driver's license number of the defendant, if the defendant holds a driver's license. DWI with a Minor in the Car Under Texas Penal Code Section 49.045, a person commits a DWI with a child passenger if they are intoxicated while operating a motor vehicle, and that vehicle is occupied by a passenger younger than 15. (3) "Public place" has the meaning assigned by Section 1.07, Penal Code. (a) as amended by Acts 1993, 73rd Leg., ch. Texas established ZERO TOLERANCE for minors who commit any alcohol related offenses. 163, Sec. If the defendant is younger than 18 years of age, the court may require the parent or guardian of the defendant to attend the program with the defendant. 1, eff. A minor does not commit an offense if the minor purchases an alcoholic beverage under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code. (f) A minor who commits an offense under this section and who has been previously convicted twice or more of offenses under this section is not eligible for deferred disposition or deferred adjudication. 107, Sec. September 1, 2015. (1) "Child" has the meaning assigned by Section 51.02, Family Code. (d) A judge, acting under Chapter 42A, Code of Criminal Procedure, who places a defendant charged with an offense under this section on community supervision under that chapter shall, if the defendant committed the offense at a gathering where participants were involved in the abuse of alcohol, including binge drinking or forcing or coercing individuals to consume alcohol, in addition to any other condition imposed by the judge: (A) perform community service for not less than 20 or more than 40 hours; and, (B) attend an alcohol awareness program approved under Section 106.115; and. Sept. 1, 1986; Acts 1987, 70th Leg., ch. (a) For purposes of this chapter and any other provision of this code relating to the sales, service, dispensing, or delivery of alcoholic beverages to a person who is not a member of a private club on the club premises, a minor, or an intoxicated person or the consumption of alcoholic beverages by a person who is not a member of a private club on the club premises, a minor, or an intoxicated person, the actions of an employee shall not be attributable to the employer if: (1) the employer requires its employees to attend a commission-approved seller training program; (2) the employee has actually attended such a training program; and. 1, eff. • Offense found in Penal Code • Punishment is found under Sec. Amended by Acts 1979, 66th Leg., p. 1973, ch. Amended by Acts 1981, 67th Leg., p. 257, ch. 82, eff. 79. 10, eff. 5, eff. (f) The holder of a permit or license providing for the on-premises consumption of alcoholic beverages that derives less than 50 percent of its gross receipts for the premises from the sale or service of alcoholic beverages may employ a person under 18 years of age to work as a cashier for transactions involving the sale of alcoholic beverages if the alcoholic beverages are served by a person 18 years of age or older. 158 (H.B. Sept. 1, 1981; Acts 1985, 69th Leg., ch. 46 (S.B. September 1, 2009. Sec. Sept. 1, 1999. 4, eff. (2) committed against the minor and reported by another person under Subsection (e). 1, eff. (g) A minor who commits a sexual assault that is reported under Subsection (e) is not entitled to raise the defense provided by Subsection (e) in the prosecution of the minor for an offense under this section. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. TX Penal Code Ch 106.041 - DUIA By a Minor | Randall Isenberg Need Legal Representation ? (f) A minor who commits an offense under this section and who has been previously convicted twice or more of offenses under this section is not eligible for deferred disposition or deferred adjudication. 2, eff. 9, eff. 8, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. texas penal code 49.04. title 10. offenses against public health, safety, and morals. (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 under this section, the offense is punishable by: (1) a fine of not less than $500 or more than $2,000; (2) confinement in jail for a term not to exceed 180 days;  or. 1097, Sec. Penalties for DWI include huge fines, suspension of driver’s license, and even prison time depend upon the following factors: 10, eff. 3474), Sec. 1, eff. If the defendant is not registered to vote, the defendant's residence is the residence on file with the public school district on which the defendant's enrollment is based. Sept. 1, 1999. Text of subsection effective until September 01, 2021. Sept. 1, 1999. 106.117. 7, eff. 770 (H.B. Sept. 1, 1997. Added by Acts 1987, 70th Leg., ch. 1, eff. 3, eff. Acts 1977, 65th Leg., p. 514, ch. 934, Sec. 3, eff. Sec. PLEA OF GUILTY BY MINOR. And minors who meet the DWI standard for intoxication as described above can be convicted of both DWI and DUIA. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. (d) If the defendant does not present the required evidence within the prescribed period, the court: (1) shall order the Department of Public Safety to: (A) suspend the defendant's driver's license or permit for a period not to exceed six months or, if the defendant does not have a license or permit, to deny the issuance of a license or permit to the defendant for that period; or, (B) if the defendant has been previously convicted of an offense under one or more of the sections listed in Subsection (a), suspend the defendant's driver's license or permit for a period not to exceed one year or, if the defendant does not have a license or permit, to deny the issuance of a license or permit to the defendant for that period; and. (f) A minor who commits an offense under this section and who has been previously convicted twice or more of offenses under this section is not eligible for deferred disposition or deferred adjudication. Amended by Acts 1999, 76th Leg., ch. Amended by Acts 1981, 67th Leg., p. 258, ch. Underage drivers with “any detectable amount of alcohol” in their system can be convicted of driving under the influence of alcohol (“DUIA”), whether they are actually intoxicated or not. 107, Sec. Google Chrome, (e) The Department of Public Safety shall send notice of the suspension or prohibition order issued under Subsection (d) by first class mail to the defendant. 437, Sec. (2) may order the defendant or the parent, managing conservator, or guardian of the defendant to do any act or refrain from doing any act if the court determines that doing the act or refraining from doing the act will increase the likelihood that the defendant will present evidence to the court that the defendant has satisfactorily completed an alcohol awareness program or performed the required hours of community service. (h) For the purpose of determining whether a minor has been previously convicted of an offense under this section: (1) an adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered a conviction under this section; and. In cases where the minor is actually intoxicated, rather than merely under the influence of alcohol, Section 49.04 (Driving While Intoxicated) of the Texas Penal Code still applies, despite the offender’s minor status. Acts 2015, 84th Leg., R.S., Ch. 285, Sec. Sept. 1, 1994. 270, Sec. Sept. 1, 1997. Section 32.34(a), Penal Code 285, Sec. 848 (H.B. Acts 1977, 65th Leg., p. 513, ch. 1348 (S.B. (2) committed against the minor and reported by another person under Subsection (f). Acts 2013, 83rd Leg., R.S., Ch. 1013, Sec. 462, Sec. The proof of identification may include a driver's license or identification card issued by the Department of Public Safety, a passport, or a military identification card. 1, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. September 1, 2013. 163, Sec. June 14, 2013. (4) the service and tasting of the beverage is supervised by a faculty or staff member who is at least 21 years of age. 3, eff. Acts 2017, 85th Leg., R.S., Ch. 3, eff. If the defendant does not have a driver's license or personal identification certificate issued by the Department of Public Safety, the defendant's residence is the residence on the defendant's voter registration certificate. Sec. 3. 12, eff. 934, Sec. When a minor is driving while under the influence of any detectable amount of alcohol, police can charge them with a DUI: “A minor commits an offense if the minor operates a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the minor's system.” See Tex. Texas law states that a minor (under the age of 21) commits an offense of a DUI (a Class C misdemeanor) if he operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor’s system. A DUI in Texas is a class C misdemeanor. (e) Community service ordered under this section must be related to education about or prevention of misuse of alcohol. 1465), Sec. Text of subsection effective on September 01, 2021, (i) as a student at a public or private institution of higher education or a career school or college that offers a program in culinary arts, viticulture, enology or wine technology, brewing or malt beverage technology, or distilled spirits production or technology; and. The Alcoholic Beverage Code enhances this fine-only punishment for minors, 17 years of age or older, who have previously been convicted of DUI at least twice. 1952), Sec. September 1, 2011. (d) A minor who commits an offense under this section and who has been previously convicted twice or more of offenses under this section is not eligible for deferred disposition. 3, eff. Sept. 1, 1977. This definition sets forth the elements that must be proven to sustain a conviction. If programs or services providing that education are not available, the court may order community service that the court considers appropriate for rehabilitative purposes. Acts 1977, 65th Leg., p. 515, ch. 909), Sec. Sec. 2, eff. DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR. (a) A minor commits an offense if he consumes an alcoholic beverage. Acts 2019, 86th Leg., R.S., Ch. The notice must include the date of the suspension or prohibition order, the reason for the suspension or prohibition, and the period covered by the suspension or prohibition. 30, eff. 754, Sec. (c) A public or private institution of higher education or a career school or college is not required to hold a license or permit to engage in the activities authorized under this section. Sept. 1, 1997. Sec. September 1, 2015. Acts 2011, 82nd Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. Sec. We recommend using The first major difference is age. 106.14. (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 under this section, the offense is punishable by: (1) a fine of not less than $500 or more than $2,000; (2) confinement in jail for a term not to exceed 180 days; or. (b) Notwithstanding any other law, a minor may taste an alcoholic beverage if: (i) as a student at a public or private institution of higher education or a career school or college that offers a program in culinary arts, viticulture, enology or wine technology, brewing or beer technology, or distilled spirits production or technology; and. Under Texas law, Section 106.041 of the Alcoholic Beverage Code makes it illegal for a minor to operate a vehicle in public while having any alcohol in their system. 106.01. 437, Sec. (c) The court shall require the defendant to present to the court, within 90 days of the date of final conviction, evidence in the form prescribed by the court that the defendant, as ordered by the court, has satisfactorily completed an alcohol awareness program or performed the required hours of community service. If the defendant is not enrolled in public school, the defendant's residence is determined as provided by commission rule. (d) In addition to any fine and any order issued under 499, Sec. (b) An offense under Subsection (a) is a Class A misdemeanor. Sec. 1, eff. MISREPRESENTATION OF AGE BY A MINOR. Sept. 1, 1987. DEFINITIONS. September 1, 2009. 29, eff. The Texas Penal Code Section 106.041 defines driving under the influence as a situation in which a minor is operating a motor vehicle in a public place with “any detectable amount of alcohol in the minor’s system.” A DUI is classified as a Class C misdemeanor.