SMU Policies and Resources for a Drug Free Campus

Texas Laws on Underage Drinking

Effective September 1999, Texas lowered the BAC (Blood Alcohol Level) which defines intoxication (for the purpose of a DWI) from .1 to .08. Law enforcement officials may also find someone to be intoxicated or impaired based on their behavior and evidence that they are under the influence of a mind-altering substance.

Consumption While Driving

It is illegal for a minor to drive while having any detectable amount of alcohol in the minor's system

First Offense:

  • Class C misdemeanor: $0 - $500
  • Alcohol awareness course
  • 20-40 hours community service
  • 60 days driver's license suspension
  • 30 days ineligible for occupational license

Second Offense:

  • Class C misdemeanor: $0 - $500
  • Alcohol awareness course
  • 40-60 hours community service
  • 120 days driver's license suspension
  • 90 days ineligible for occupational license

Third Offense (Under 17):

  • 180 days driver's license suspension
  • Ineligible for occupational license
  • Juvenile court-delinquent conduct; or adult criminal court

Third Offense (17 or older):

  • Class B misdemeanor: $500-$2000 and/or
  • Confinement in jail up to 180 days
  • 180 days driver's license suspension
  • Ineligible for occupational license

Purchase, Attempt to Purchase, Possession, Consumption, Misrepresentation of Age, Public Intoxication by Minor

The following penalties shall be imposed:

First Offense:

  • Class C misdemeanor: $0 - $500
  • Alcohol awareness course
  • 8-12 hours community service
  • 30 days driver's license suspension or denial

Second Offense:

  • Class C misdemeanor: $0 - $500
  • Possible awareness course
  • 20-40 hours community service
  • 90 days driver's license suspension or denial

Third Offense (Under 17):

  • 180 days driver's license suspension or denial
  • Juvenile court-child in need of supervision; or
  • Criminal court-adjudicated as an adult

Third Offense (17 or Older):

  • Class B misdemeanor: $250 - $2000 fine and/or
  • Confinement in jail up to 180 days
  • Possible alcohol awareness course
  • 180 days driver's license suspension or denial