Off-premise sales are defined as alcoholic beverages sold packaged "to go" at establishments such as convenience stores, gas stations, grocery stores, or liquor stores.
  • Off-Premise Sale
  • On-Premise Sale
  • Public Intoxication
  • Gender and Intoxication
Criminal negligence is when a person fails to meet a standard level of care that an ordinary person under these conditions would meet, for example, checking IDs, calculating age, refusing to over-serve patrons, and looking for signs of intoxication. [Penal Code Sec 6.03] This course will teach you what the standard levels of care are to help prevent you from being criminally negligent.
  • Employee
  • Sec. 106.03 (B)
  • Fatigue and Intoxication
  • Criminal Negligence
An alcoholic beverage is alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. [Texas Alcoholic Beverage Code Sec. 1.04 (1)] Alcoholic beverages may be sold by the drink for on-premise consumption in establishments such as restaurants and bars. Alcoholic beverages are also sold packaged for off-premise consumption in establishments such as convenience stores, gas stations, grocery stores, or liquor stores. Common alcoholic beverages include beer, malt liquor, wine, wine coolers, distilled spirits, mixed drinks, and cocktails. Other beverages, such as tonic water, seltzer, and "virgin" drinks, are not alcoholic beverages.
  • Blood Alcohol Concentration
  • Alcoholic Beverage
  • Sec. 521.453
  • Sec. 101.63
Intoxication is defined as not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body, or having an alcohol concentration of 0.08 or more. [Penal Code Sec. 49.01]
  • Sec 106.02
  • Intoxication
  • Sec 106.025
  • Sec 106.04
A minor is a person under the age of[Texas Alcoholic Beverage Code Sec. 106.01]
  • Minor
  • Criminal Negligence
  • Fatigue and Intoxication
  • Employee
Consumption of Alcohol by a Minor:A minor commits an offense if he consumes an alcoholic beverage. It is an affirmative defense to prosecution under this section that the alcoholic beverage was consumed in the visible presence of the minor's adult parent, guardian, or spouse.
  • Sec 105.4
  • Sec 96.4
  • Sec 106.04
  • Sec 111.4
Fictitious License or Certificate (Texas Transportation Code):A person under the age of 21 years commits an offense if the person possesses, with the intent to represent that the person is 21 years of age or older, a document that is deceptively similar to a driver's license or a personal identification certificate unless the document displays the statement "NOT A GOVERNMENT DOCUMENT" diagonally printed clearly and indelibly on both the front and back of the document in solid red capital letters at least one-fourth inch in height. For purposes of this section, a document is deceptively similar to a driver's license or personal identification certificate if a reasonable person would assume that it was issued by the department, another agency of this state, another state, or the United States.
  • Sec. 521.456
  • Sec. 521.453
  • Sec. 101.63
  • Sec. 49.02
The amount of food and type of food in the stomach determines how fast the alcohol is absorbed into the bloodstream. Foods with a high fat content, such as meats or cheeses, are a wise choice since these foods are metabolized at a slower rate.
  • Public Intoxication
  • Gender and Intoxication
  • Type/Timing and Intoxication
  • Blood Alcohol Concentration
Purchase of Alcohol by a Minor:A minor commits an offense if the minor purchases an alcoholic beverage. 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.
  • Sec 106.0
  • Sec 106.02
  • Sec 212.2
  • Sec 111.2
Misrepresentation of Age by a Minor:A minor commits an offense if he falsely states that he is 21 years of age or older or presents any document that indicates he is 21 years of age or older to a person engaged in selling or serving alcoholic beverages.
  • Sec. 106.07
  • Sec 106.02
  • Sec 106.04
  • Sec 106.025
Punishment for Alcohol Related Offense by a Minor:This section applies to an offense under Section 106.02, 106.025, 106.04, 106.05, or 106.Except as provided by Subsection (c), an offense to which this section applies is a Class C misdemeanor.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; orb. 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; andthe court shall order the Department of Public Safety to suspend the driver's license or permit of a minor convicted of an offense to which this section applies or, if the minor does not have a driver's license or permit, to deny the issuance of a driver's license or permit for:a. 30 days, if the minor has not been previously convicted of an offense to which this section applies;b. 60 days, if the minor has been previously convicted once of an offense to which this section applies; orc. 180 days, if the minor has been previously convicted twice or more of an offense to which this section applies.
  • Sec. 49.02
  • Sec. 106.71
  • Sec. 106.01
  • Sec. 104.01
On average it takes a woman's body longer to metabolize one drink than the average male. It may take a man 1.5 hours, and a woman 2.5 hours to metabolize one drink.
  • On-Premise Sale
  • Off-Premise Sale
  • Type/Timing and Intoxication
  • Gender and Intoxication
On-premise sales are when alcoholic beverages are sold by the drink in establishments such as restaurants and bars.
  • Sec. 106.01
  • On-Premise Sale
  • Gender and Intoxication
  • Off-Premise Sale
Attempt to Purchase Alcohol by a Minor:A minor commits an offense if, with specific intent to commit an offense under Section 106.02 of this code, the minor does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended.
  • Sec 106.025
  • Sec 116.25
  • Sec 106.35
  • Sec 111.25
A BAC chart is a chart that is used to help estimate a person's blood alcohol concentration.
  • Sec 106.02
  • BAC Chart
  • Sec 106.04
  • Sec 106.05
Public intoxication is defined as appearing in a public place while intoxicated to the degree that the person may endanger the person or another. [Penal Code Sec. 49.02]
  • Off-Premise Sale
  • Gender and Intoxication
  • Sec. 49.02
  • Public Intoxication
A person who is fatigued, emotionally upset, or in poor health may become intoxicated more quickly and will retain alcohol longer.
  • Criminal Negligence
  • Sec. 106.03 (B)
  • Fatigue and Intoxication
  • Minor
Blood alcohol concentration (BAC) is a measurement of the amount of alcohol in the bloodstream expressed as a percentage. For example, if someone has a BAC of 0.10 percent this means that the person has one part chemical alcohol with 1000 parts blood fluids.
  • Blood Alcohol Concentration
  • Type/Timing and Intoxication
  • Alcoholic Beverage
  • Public Intoxication
In general, the more a person weighs the more alcohol they can consume before becoming intoxicated. Remember this is just an estimate and other factors may determine the actual level of intoxication.
  • Employee
  • Fatigue and Intoxication
  • Criminal Negligence
  • Body Type/Weight vs. Intoxication
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