Misrepresentation of Age
Texas takes a ‘fool me once’ approach to its underage drinking laws. While the state acknowledges that a significant – almost 70% – of underage residents drink alcohol at least once, it also comes down harshly on what it views as a negative pattern of behavior.
The laws surrounding drinking are generally lax, but years of studies demonstrating the devastating impact of alcohol have pushed the state to impose strong repeat offender laws, instituting heavy fines, jail time, or reeducation requirements in some cases.
The following article will provide an overview of one subset of underage drinking, misrepresentation of age.
Travis County Attorney for Misrepresentation of Age
While “McLovin” may be a cute movie gag, the reality for those attempting to buy alcohol with a stolen ID is far less glamorous. These convictions, if repeated, can negatively impact juveniles for the rest of their life, which is why they need strong defense in court. Just two offenses under section 106 of the Texas Code are enough to turn an adjudication case into a real trial with a real conviction.
Jackson F. Gorski has experience in handling alcohol cases and is ready to defend you or your child against all manner of underage drinking claims. The Law Office of Jackson F. Gorski has offices in Austin and Georgetown but accepts clients throughout Texas including Travis County, Williamson County, Bell County, Bastrop County, Burnett County, Hays County, Caldwell County, Blanco County, Lee County, Milam County, Hays County, and Caldwell County. Your first consultation is free, so call 512-960-4646 today.
Misrepresentation of Age Information Center
- How Misrepresentation of Age is Defines in Texas
- Penalties for Misrepresentation of Age in Texas
- Common Defense Strategies in Misrepresentation of Age Cases
- Additional Resources
What is Misrepresentation of Age
Misrepresentation of age by a minor is a light offense in the state of Texas. Texas Code 106.07, defines the act as a minor lying about his or her age to purchase alcohol. In order to be prosecuted, the minor must have:
- Presented some form of documentation (usually a fake ID)
- Presented that documentation to a person engaged in selling or serving alcoholic beverages
It is not enough for a minor to simply say they want to purchase alcohol. While Section 106.025 does make it illegal to attempt to purchase alcohol by a minor, the juvenile is required to have done ‘an act amounting to more than mere preparation that tends but fails’ to purchase alcohol.
For information on laws regarding the purchase of alcohol for a minor, visit our related page.
Penalties
Misrepresentation of age is a Class C misdemeanor in Texas, except in cases of repeat offenses. As with other juvenile offenses, misrepresentation of age cases may receive deferred adjudication. Adjudicated juveniles may face light fines of up to $250, community service or enrollment into alcohol education programs. In addition, juveniles may see a suspension or denial of driver’s licenses or permits for 30 to 60 days.
Repeat Offenders
Juveniles who are between the ages of 17 and 20 are subject to repeat offender laws in Texas. These juveniles face higher fines and the possibility of both a full conviction and jail time.
Fines for juveniles convicted at least twice before may be subject to:
- A fine of $250 to $2,000
- Jail for up to 180 days
- Both the fine and confinement
- Suspension of driver’s license or permit or
- Denial of issuance of a driver’s license or permit for 180 days
Additionally, the juvenile is fully convicted. This conviction will stay with the juvenile for life or until it is expunged, which may impact future employment and education opportunities.
Defense Strategies for Misrepresentation of Age
Mistaken Age
If the minor reasonably believed they were of legal age or had a good faith belief that their presentation was accurate, it may be a defense to show that the misrepresentation was not intentional. An exchange student from Great Britain or Spain may reasonably believe they are of legal age to purchase and drink alcohol. While it is generally on the student to understand the laws of the country, this is a reasonable mistake.
Procedural Defenses
A lawyer may explore whether there were any violations of the minor’s constitutional rights during the investigation or arrest. This could involve issues related to search and seizure, Miranda rights, or due process. Additionally, stings have become common in some Central Texas cities, with police setting up document and respond scenarios to stifle illegal attempts to purchase alcohol.
Because the operation could constitute entrapment, defenses must show that the client was not predisposed to purchase alcohol, and only did so because the opportunity was made obvious.
Additional Resources
NIAAA – The National Institute on Alcohol Abuse and Alcoholism provides in-depth statistics on alcohol abuse in the United States, including prevalence, underage drinking statistics, and possible consequences for underage drinking.
Celina, TX – the city of Celina offers a 6-hour alcohol education program for youths required to complete courses due to adjudication. The course covers the effects of widespread alcohol abuse and how to treat alcohol addiction.
Hire a Misrepresentation of Age Attorney in Travis County, Texas
Law Office of Jackson F. Gorski has offices in Austin and Georgetown but accepts clients throughout Texas including Travis County, Williamson County, Bell County, Bastrop County, Burnett County, Hays County, Caldwell County, Blanco County, Lee County, Milam County, Hays County, and Caldwell County. Your first consultation is free, so call 512-960-4646 today.
