WHAT YOU NEED TO KNOW ABOUT TEXAS ALCOHOL LAWS.

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1 1-888-THE-TABC WHAT YOU NEED TO KNOW ABOUT TEXAS ALCOHOL LAWS TXDOT

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3 WHAT YOU NEED TO KNOW ABOUT TEXAS ALCOHOL LAWS and other alcohol information drinking alcohol comes with responsibilities

4 Providing/Furnishing Alcohol to Minors This law applies to anyone that provides alcohol to a person younger than 21 even if the provider of the alcohol is also under the age of 21. Sale to Minors - Class A Misdemeanor: Fine up to $4,000; and/or Confinement in jail for up to a year. Purchase of Alcohol for Minor/Furnishing Alcohol to a Minor - Class A Misdemeanor: Fine up to $4,000; and/or Confinement in jail for up to a year; Driver s license automatically suspended for 180 days upon conviction. 4

5 Providing/Furnishing Alcohol to Minors In Texas, a person may provide alcohol to a minor if he or she is the minor s adult parent, guardian, or spouse, and is visibly present when the minor possesses or consumes the alcoholic beverage. However, it is against the law to make alcohol available to any other person younger than 21 even in your own residence, even with their parent s permission. You can be held civilly liable for damages caused by a person younger than 18 if you provided them alcohol or allowed them to be given alcohol while on your property. 5

6 6 Zero Tolerance It is illegal for a minor to drive a motor vehicle or watercraft while having ANY detectable amount of alcohol in their system. (DUI) If you are under 21, it is a Class C Misdemeanor to: possess or consume alcoholic beverages; purchase or attempt to purchase alcoholic beverages; misrepresent your age to obtain alcoholic beverages; operate a motor vehicle or watercraft with ANY detectable amount of alcohol in your system. Consequences Fine up to $500; Alcohol awareness class; 8 to 40 hours of community service; 30 to 180 days suspension or denial of driver s license. Minors may be arrested for DWI and are subject to the same penalties as adults. Minors under 17 will report to Juvenile Court, unless adjudicated as adults.

7 911 Lifeline Law TABC Code and A minor will not be charged with possessing or consuming alcohol if the minor: requested emergency medical assistance in response to the possible alcohol overdose of the minor or another person; was the first person to make a request for medical assistance; remained on the scene until medical assistance arrived; and cooperated with medical assistance and law enforcement personnel. A minor will also not be charged with possessing or consuming an alcoholic beverage if they report the sexual assault of the minor or another person, or are the victim of a sexual assault reported by another person, to: a health care provider treating the victim of the sexual assault; an employee of a law enforcement agency, including an employee of a campus police department of an institution of higher education; or the Title IX coordinator of an institution of higher education or another employee of the institution responsible for responding to reports of sexual assault. 7

8 8 Driving While Intoxicated (DWI) In Texas the legal limit for intoxication is.08 BAC (blood or breath alcohol concentration). However, drivers can be stopped and cited when impaired regardless of BAC. A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. Intoxication must be proven for conviction. Texas Penal Code 49 First Offense Up to a $2,000 fine; and/or days in jail; Driver s license suspension of 90 days to 1 year. Second Offense Up to a $4,000 fine; and/or 1 month - 1 year in jail; Driver s license suspension of 180 days to 2 years. Third Offense Up to a $10,000 fine; and/or 2-10 years in jail; Driver s license suspension of 180 days to 2 years. Note: A First Offense DWI in Texas, with a blood alcohol concentration (BAC) of 0.15% or greater is a Class A Misdemeanor. You can face up to: a $4000 fine; and/or one year in jail.

9 Driving While Intoxicated Additional Penalties: With Open Container Up to a $2,000 fine; A minimum of 6 days in jail. With Intoxication Assault Up to a $10,000 fine (for each count); 2-10 years in prison. With Intoxication Manslaughter Up to a $10,000 fine (for each count); 2-20 years in prison. With Child Passenger (under the age of 15) Up to a $10,000 fine; 180 days to 2 years in a state jail. TX Penal Code Murder A defendant can be charged with murder, if while committing a felony, he/she performs an act "clearly dangerous to human life that causes the death of an individual." A third DWI conviction is a felony offense. This means that if a person's act of driving while intoxicated results in a person's death, and the driver has two previous DWI convictions, the driver can be charged with murder. 9

10 Texas Driver Responsibility Program Drivers who are convicted of one or more DWI offenses pay a yearly surcharge for three years from the date of each conviction once the conviction has been reported to DPS. Conviction Type Conviction Surcharges Intoxication: 1 st offense, Texas or out-of-state conviction for driving, intoxication assault, or manslaughter Intoxication: 2 nd, 3 rd, or more offenses, Texas or out-of-state conviction for driving, intoxication assault, or manslaughter DWI with blood alcohol concentration of 0.16 or greater, Texas or out-of-state conviction Assigned Surcharge $1,000 $1,500 $2,000 10

11 Other Possible Consequences of DWI Conviction A DWI conviction can have far-reaching consequences other than losing your driver s license. Many countries will not allow people with criminal records to enter. This could affect your travel and immigration plans. Auto insurance may be cancelled or premiums may skyrocket. Some employers have mandatory firing policies for criminal convictions. Many employers run criminal background checks on applicants. It may be impossible to become a police officer, firefighter, government employee, teacher, nurse, doctor, lawyer, truck driver requiring a CDL License, and several other professional jobs. 11

12 Public Intoxication A minor is punishable in the same manner as if the minor committed an offense to which Section Alcoholic Beverage Code applies. A person commits public intoxication if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another. TX Penal Code Public Intoxication Class C Misdemeanor Fine up to $500 fine 12

13 Open Container In Public The laws and penalties for open containers of alcohol vary by city and can be specific to entertainment districts and locations. The governing body of a municipality may establish prohibitions related to public consumption only as authorized by the Alcoholic Beverage Code. TABC Code

14 Standard Drinks Standard drink charts are helpful but may not reflect customary serving sizes. 14 Not sure of serving size?

15 Alcohol By Volume (ABV) Alcohol By Volume is simply the amount of ethanol in a drink compared to the entire volume of the drink. The alcohol in one 23.5 ounce malt beverage (12% ABV) equals the alcohol in 4.7 beers (5% ABV).* In other words, it equals almost five standard drinks. *12 oz 5% alc/vol = 0.6 oz Ethanol 23.5 oz 12% alc/vol = 2.82 oz Ethanol 2.82/0.6 = % ABV Malt Liquor = 5% ABV 12 Ounces 5% ABV 5% ABV 12 Ounces 5% ABV 5% ABV 12 Ounces 23.5 Ounces 12 Ounces Need to know about ABV? 15

16 Blood Alcohol Content (BAC) One drink is based on 1.5 oz. of 80 proof liquor (40% ABV), 12 oz. beer (4.5% ABV), or 5 oz. wine (12% ABV). Understand standard drink equivalents. To use the BAC Charts on the next page, find the intersection between the person s weight and the number of standard drinks they have had. This number indicates the blood alcohol concentration if the person had a certain number of drinks all at one time. However, most people don t drink all their drinks in one hour so you must consider how long the person has been drinking to determine the correct BAC. Determine the number of hours the person has been drinking. For every hour, subtract.015 from the value on the BAC chart. 16 Note: The figures are averages and may vary based on the amount of food in your stomach, body weight, body type, gender, medications, illness and fatigue.

17 Blood Alcohol Content In One Hour Source: National Highway Traffic Safety Administration WOMEN KNOW YOUR LIMIT Approximate Blood Alcohol Content (BAC) In One Hour MEN KNOW YOUR LIMIT Approximate Blood Alcohol Content (BAC) In One Hour Drinks Body Weight In Pounds Drinks Body Weight In Pounds Possibly Possibly Impaired Impaired Legally Intoxicated Legally Intoxicated Subtract.015 for each hour after drinking. 17

18 Impairment Based On BAC Levels BAC Slight impairment of balance, speech, vision, reaction time, and hearing. Euphoria. Judgement and self-control are reduced, and caution, reason and memory are impaired BAC Significant impairment of motor coordination and loss of good judgement. Speech may be slurred; balance, vision, reaction time and hearing will be impaired. Euphoria BAC Gross motor impairment and lack of physical control. Blurred vision and major loss of balance. Euphoria is reduced and dysphoria (anxiety, restlessness) is beginning to appear. Dizziness. Judgment and perception are severely impaired. 18

19 Impairment Based On BAC Levels BAC Dysphoria predominates, nausea may appear. Confusion. Impaired senses. Dizziness. The drinker has the appearance of a sloppy drunk. May vomit. Blackouts are likely at this level BAC Needs assistance walking; total mental confusion. Lapses in and out of consciousness or unconsciousness. Dysphoria with nausea and some vomiting. Death may occur due to inhalation of vomit while unconscious. Death can occur at this level, and it is considered a medical emergency. Call 911 or take them to an emergency room! BAC Loss of consciousness. Possible onset of coma. Respiratory depression. Possible death due to respiratory arrest. Markedly decreased heart rate. Urinary incontinence. 19

20 Coordination: Signs of Intoxication Vision: 20 Stands with feet wide apart for balance. Leans against structure for support. Fumbles with wallet or money. Slurs or trips over words while ordering. Reduced Judgment and Inhibitions: Becomes overly excited. Speaks loudly and/or profanely. Throws objects. Giggles or laughs for no apparent reason. Reflexes: Slow or deliberate movements. Slow or no response to questions. Slow or no reaction to actions such as spilling a beer on oneself. Red or watery eyes. Droopy eyelids or tired appearance. Squints continuously. Closes or covers one eye to remove double vision. Appearance: Frequently rubs hands through face and hair. Sometimes has involuntary eye movement. Frequent trips to the bathroom. Strong, stale odor of alcohol.

21 Definition of Binge Drinking: Binge Drinking The National Institute on Alcohol Abuse and Alcoholism (NIAAA) defines binge drinking as a pattern of drinking alcohol that brings blood alcohol concentration (BAC) to.08 grams percent or above. For the typical adult, this pattern corresponds to consuming 5 or more drinks (males) and 4 or more drinks (females), in about 2 hours. According to the CDC, approximately 38 million U.S. adults report binge drinking an average of four times per month, and consume an average of eight drinks per binge episode. 21

22 22 SIGNS OF ALCOHOL POISONING Unconscious or semiconscious (passed out) No response to pinching Slow or irregular breathing: less than 8 breaths per minute, 8-10 seconds between breaths Low body temperature Slow heart rate Bluish or pale, cold clammy skin Vomiting while sleeping or passed out Alcohol Poisoning IF SOMEONE WON T WAKE UP Call 911 for help. Do NOT wait for all symptoms to be present. Do NOT try to guess the level of drunkenness. Keep him/her on their side. Perform CPR until medical help arrives if their pulse is less than 40 beats per minute or their breathing is less than 8 breaths per minute. Don t panic. Don t leave them alone to sleep it off. Don t give them food or coffee. Don t try to make them vomit. Don t put them in a cold shower. According to the CDC, more than 2,200 people die from alcohol poisoning each year in the U.S. Three in four alcohol poisoning deaths involve adults ages

23 If You Need Help If the person is unconscious, call 911 or take them to the emergency room immediately. If the person is conscious, it is important to keep them awake. Calling 911 would still be appropriate, but you may also call the poison control center at The staff there can assist you in determining if emergency assistance is needed. When you call, you will need to provide staff with the: 911 amount of alcohol consumed; time frame in which it was consumed; and type of alcohol consumed. Remember to provide information in standard size drinks or provide the size of the beverage consumed. Most importantly, be honest when answering their questions. Have the courage to intervene. Call 911! 23

24 What happens when the person goes to the hospital? If you or your friend go to the hospital for alcohol poisoning, the doctor will check for vital signs and probably order a blood test. This test will check blood alcohol levels and check for other alcohol toxicity, such as low blood sugar. A urine test can also confirm the diagnosis of alcohol poisoning. Typical care at the hospital includes: careful monitoring; prevention of breathing or choking problems; oxygen therapy; fluids given through an IV (intravenously) to prevent dehydration; and use of thiamin and glucose, as needed. (These nutrients can prevent serious complications of alcohol poisoning.) Anyone that is treated for alcohol poisoning should get follow-up care. Help is available, but often isn t offered. Don t be afraid to ask. (For more information, go to com/health/alcohol-poisoning/ds00861.) 24

25 Safe Drinking Habits/ Preventive Measures Choose Choose when to drink and when not to drink. You don t have to drink at all events. Remember the legal drinking age is 21. Eat Be sure to eat a full meal before you start drinking. Designate Designate a driver. Don t get in the car with someone who has been drinking. Hydrate Drink water before you start consuming alcohol. Drink a nonalcoholic beverage between each alcoholic beverage. Track Track how many drinks you have had. Track how long you have been drinking. Pace Pace yourself as you drink, and try to space out your drinks to no more than one an hour. 25

26 Other Dangers The consequences of excessive drinking and intoxication are far reaching and can impact others whether or not they choose to consume alcohol. A few examples of the problems include: death injury assault sexual assault unsafe sex academic problems health problems/suicide attempts drunk driving vandalism property damage police involvement alcohol abuse and dependence Not all college students drink. However, according to the NIAAA, about four of every five college students drink alcohol. This includes about 60 percent of students age 18 to 20. Approximately two of every five college students of all ages (more than 40 percent) have reported engaging in binge drinking at least once during the past two weeks. 26

27 Hours of Sale On-Premise Location* (Bar or Restaurant) Monday-Friday: 7am-Midnight Saturday: 7am-1am Sunday: Noon-Midnight** *If the establishment has a late hours permit, they can sell alcohol for on-premise consumption until 2am any night of the week. **Sunday, 10am-Noon only in conjunction with the service of food. Off-Premise Beer/Wine Location (Convenience Store or Grocery Store) Monday-Friday: 7am-Midnight Saturday: 7am-1am Sunday: Noon-Midnight Package Store (Liquor Store) Monday-Saturday: 10am-9pm Closed on Sunday 27

28 28 What a Licensed Retailer Needs to Know The Texas Alcoholic Beverage Code requires sellers and servers to refuse alcoholic beverage service to intoxicated persons and minors. These public safety violations may result in the cancellation or suspension of the establishment s license or permit to sell alcoholic beverages. You may also be held civilly liable for selling or serving alcoholic beverages to an individual if: (1) at the time the provision occurred it was apparent to the provider that the individual being sold, served, or provided with an alcoholic beverage was obviously intoxicated to the extent that he presented a clear danger to himself and others; and (2) the intoxication of the recipient was the proximate cause of the damages suffered. Texas Alcoholic Beverage Code 2.02

29 What a Licensed Retailer Needs to Know - Safe Harbor 1. The person selling is not the owner or an officer of the company; 2. The person selling holds a current seller-server training certificate from a TABC approved school; 3. All employees engaged in the sale, service, or delivery of alcoholic beverages, as well as their immediate managers, are certified within 30 days of their hire date; 4. The employer has written policies for responsible alcohol service and ensures that each employee has read and understands these policies; 5. The employer does not directly or indirectly encourage the employee to violate the law; and 6. There are not more than three of these types of violations within a twelve month period. For additional information related to Safe Harbor requirements, refer to the Texas Alcoholic Beverage Code and TABC Administrative Rules

30 30 What a Licensed Retailer Needs to Know - Responsible Service Know and abide by the legal hours of sale at your business. Check IDs. If you re not sure the patron is over 21, insist on a federal or state government-issued photo ID that hasn t expired. Selling alcohol to a minor is a misdemeanor with a fine up to $4,000 and/or up to a year in jail. Selling alcohol to an intoxicated person is a misdemeanor with a fine from $100- $500 and/or up to a year in jail. Support your employees efforts to sell and serve alcohol responsibly. A permit holder can be fined, or the permit suspended or canceled if an employee violates the law.

31 What a Licensed Retailer Needs to Know - Seller Training Certification Verify employees are certified by checking the TABC website at state.tx.us/datamart/searchtrainee.do. Select Certificate Inquiry then enter the employee s social security number and date of birth. Note: Certified seller training schools have 14 days to upload trainee information into the TABC database. If an employee claims to be certified and is not in the system, contact TABC at Certificate # Seller Training Certification Trainee s Name has completed a TABC approved Seller Training Program. Seller Training School Approved Expiration date: Trainer Signature 2 years from date of issue 31

32 01/2015 Texas Alcoholic Beverage Commission P.O. Box Austin, Texas TABC Information: THE -TABC Education & Prevention: Websites: