Prevention of Alcohol Abuse & Illicit Drug Use At Texas A&M University

Texas A&M University is committed to the elimination of alcohol abuse and illicit drug use. Alcohol abuse and illicit drug use disrupt the special environment of personal growth that all universities seek to develop. We all must help prevent alcohol abuse and illicit drug use from negatively affecting our precious learning environment.

This summary provides basic information on University policy, legal sanctions, and health risks associated with alcohol and other drug abuse. Also included is information on intervention, assessments, counseling, and referrals through campus programs.

Legal Sanctions
Sale to Minors: It is a Class A misdemeanor to sell an alcoholic beverage to an individual under 21 years of age through an act of criminal negligence.

Public Intoxication Statute of Texas: An arrest for Public Intoxication (P.I.) may occur if an individual appears in a public place while intoxicated so much that the person may endanger himself or herself or another person. This is a Class C misdemeanor. Blood Alcohol Concentration testing is not required for P.I.

Purchase of Alcohol for a Minor; Furnishing Alcohol to a Minor: It is a Class A misdemeanor to purchase or make available an alcoholic beverage to an individual under 21 years of age through an act of criminal negligence. This offense is punishable by a fine of $4,000 and/or confinement in jail for up to one year and 180-day driver’s license suspension. 

Possession of Alcoholic Beverage in Motor Vehicle: It is a Class C misdemeanor to knowingly possess an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked.

Driving While Intoxicated; Flying or Boating While Intoxicated: It is a Class B misdemeanor to operate a motor vehicle, aircraft, or watercraft in a public place while intoxicated. The minimum term of confinement is 72 hours.

Intoxication Assault: It is a Third degree felony to cause serious bodily injury to another by accident or mistake while operating any vehicle (motor, aircraft, or watercraft) in a public place while intoxicated.

Intoxication Manslaughter: It is a Second degree felony to cause death to another by accident or mistake while operating any vehicle (motor, aircraft, watercraft) in a public place while intoxicated.

Administrative License Revocation; Implied Consent: After being arrested for Driving While Intoxicated, failing or refusing the Blood Alcohol Concentration (BAC) test can result in license revocation. Revocation may NOT be probated and there is a $125 reinstatement fee. An appeal process is available. The following penalties apply:

Terms of Offense
Adults

• Failure Case

  • 90 days with no alcohol or drug related "enforcement contacts" listed on driving record within ten years prior to date of the offense.

  • 1 year with one or more alcohol or drug related "enforcement contacts" listed on driving record prior to date of offense within ten years of date of the offense.

• Refusal Case

  • 180 days with no alcohol or drug related "enforcement contacts" listed on driving record within ten years prior to date of the offense.

  • Two years with one or more alcohol or drug related "enforcement contacts" listed on driving record prior to date of offense within ten years of date of the offense.

  • If the person who refuses is a resident without a license, an order will be issued denying the issuance of a license to the person for 180 days.

Minors
Minors are subjected to the same length of suspension as adults for refusing a blood or breath test. Failure of a blood or breath test by a minor, however, is a 60-day license suspension with no "enforcement contacts," a 120 day license suspension with one prior "enforcement contact" or a 180-day license suspension with two or more "enforcement contacts." Keep in mind that any detectable amount of alcohol for a minor is a failure. Even if a minor refuses a breath or blood test, but alcohol is detected by other means, the minor is subjected to the failure suspension periods rather than the refusal suspension periods.

Alcohol and a Minor
Consumption of Alcohol by a Minor; Possession of Alcohol by a Minor: It is a misdemeanor for minors to consume or possess alcoholic beverages except in the visible presence of the minor's adult parent, guardian, or spouse.

Purchase of Alcohol by a Minor; Attempt to Purchase Alcohol: It is a misdemeanor for individuals under 21 years of age to attempt purchasing alcoholic beverages. "Attempt" implies acting beyond mere preparation.

Misrepresentation of Age by a Minor: It is a misdemeanor to falsely state or to present false documents indicating an individual is 21 years of age or older to a person selling or serving alcoholic beverages.

Punishment for the above Alcohol-related offense by a Minor:
For a minor without two previous alcohol-related offenses, these are Class C misdemeanors. Punishment includes 8 to 12 hours community service and denial or suspension of the minor's driver's license or permit for 30 days. Attendance at an Alcohol Awareness Course is also required.

If a minor has at least two prior alcohol-related convictions, the offense is punishable by a fine of $250 to $2,000; and/or confinement in jail for up to 180 days. Punishment includes 20 to 40 hours of community service. The minor's driver's license or permit will be denied or suspended: 60 days for a 2nd alcohol-related conviction: 180 days for subsequent convictions.

Attendance at Alcohol Awareness Course; License suspension:
On first conviction of an alcohol-related offense, the court shall require the minor to attend an alcohol awareness course approved by the Texas Commission Alcohol and Drug Abuse. If under 18 years of age, a parent or guardian may be required to attend the course with the defendant. The defendant must present evidence of completion of the course and community service within 90 days of the date of final conviction. If the required evidence is presented within the prescribed period, the fine may be reduced up to half the original amount. Failure to comply results in denial or suspension of driver's license or permit for up to six months.

Driving under the Influence of Alcohol by a Minor:
A minor commits an offense if the minor operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor's system. For a minor without previous alcohol-related offenses, these are Class C misdemeanors. Punishment includes 20 to 40 community service and denial or suspension of driver's license or permit for 60 days. If a minor has at least two prior alcohol-related convictions, the offense is punishable by a fine of $500 to $2,000; and/or confinement in jail for up to 180 days. Punishment includes 40 to 60 hours community service. The minor's driver's license or permit will be denied or suspended: 120 days for 2nd alcohol-related conviction; 180 days, for subsequent convictions. The minor is not eligible for deferred adjudication.

City Ordinance
Consumption After Hours: It is a Class C misdemeanor to consume (or to possess with the intent to consume) from any container with alcoholic beverages in any public place in Bryan or College Station after hours. Following are the prohibited hours:

Monday through Saturday   2AM to 7AM
Sunday                                2AM to Noon

Legal Charges and Penalties

University Sanctions
A student or employee found guilty of noncompliance with the Texas A&M University Alcohol or Drug Policy or the laws of the State of Texas has committed a violation or University Rules and/or the Policy and Procedures Manual, and is subject to sanctions commensurate with the offenses and any aggravating and mitigating circumstances.

Disciplinary action in cases involving drug related violations by students will result in suspension, dismissal, or expulsion from the University. Cases involving employees will result in disciplinary sanctions up to and including termination. Severity of sanctions will depend upon the nature and seriousness of each case.

Violation of any state or federal law pertaining to controlled substances which occur off campus and are not associated with a University connected activity may result in disciplinary charges in situations in which the continued presence of the individual on campus is likely to interfere with the educational process and/or the orderly operation of the University. University disciplinary proceedings will in accordance with the procedures outlined in the University Rules (students) and the Policy and Procedures Manual (faculty and staff). Any disciplinary action imposed by the University may precede and be in addition to any penalty imposed by authorities off campus.

University Drug Policy
All members of the University community are expected to abide by state and federal laws pertaining to controlled substances and illegal drugs. More specifically, Texas A&M University Rules prohibit "manufacturing, possessing, having under control, selling, transmitting, using, or being party thereto any illegal drug, controlled substance, or drug paraphernalia on University premises or at University sponsored activities."

"Controlled substances" refers to those drugs and substances whose possession, sale, or delivery results in criminal sanctions under the Texas Controlled Substances Act, as well as substances which possess a chemical structure similar to that of a controlled substance (e.g.," Designer Drugs").

Health Risks
Alcohol abuse is a prime contributor to suicide, homicide, motor vehicle deaths, and other unintended deaths. Excessive alcohol consumption leads to more than 100,000 deaths annually in the United States. Alcohol abuse can lead to alcohol dependence, premature death through overdose, alcohol-related stroke, and complications involving the brain, heart, liver, and many other body organs. Alcohol abuse also causes liver disease, gastritis, and anemia, as well as cancers of the esophagus and larynx.

The abuse of illicit drugs can result in a wide range of health problems. In general, illicit drug use can result in drug addiction, death by overdose, death from withdrawals, seizure, heart problems, infections (*i.e. HIV/AIDS, hepatitis), liver disease, and chronic brain dysfunction.

Alcohol used in any amount by a pregnant woman can cause birth defects and permanent brain damage to the child. Drug use by a pregnant woman may cause addiction or health complications in her unborn child.

Alcohol abuse interferes with psychological functions, causes interpersonal difficulties, and is involved in most cases of child abuse. Substance abuse disrupts work, reduces motivation, causes legal and financial problems, and social and family problems. Other problems associated with alcohol and drug use include the following psychological dysfunctions: dependency, memory loss, hallucinations, paranoia, and psychosis.

For information about health risks associated with drug abuse call Student Life Alcohol and Drug Education Programs at 845-0280 or the Health Education Center at 845-1341.

University Alcohol Policy
Individuals must be at least 21 years old to purchase alcoholic beverages. Possession and consumption of alcoholic beverages is restricted. Texas A&M University Rules state that "drinking or having in possession, any alcoholic or intoxicating beverage(s) in public areas of the campus is prohibited." Student organizations, which sponsor activities where alcohol is served, must have the approval of their (faculty/staff) advisor and abide by established University procedures.

Students ages 21 or older who choose to consume alcoholic beverages in residence hall rooms are expected to do so in moderation to ensure residents' rights to privacy, sleep, and study. The following behaviors are reasons for appropriate disciplinary or remedial action by the University: loud or disruptive behavior, interference with the cleanliness of the residence halls, or drinking habits which are injurious to the health or education of an individual or those around him/her.

Campus Resources
To help individuals who may have an alcohol or other drug abuse problem, the following resources are available to students, faculty, and staff.
Student Life Alcohol and Drug Education Programs provide substance abuse assessments and referrals for students as part of its mission to provide broad based alcohol and other drug abuse prevention programs for the campus community. Intervention and limited ongoing recovery support counseling is available. All contacts are confidential. For more information, to schedule an appointment, or to schedule a presentation, call 845-0280 or check the Website at http://studentlife.tamu.edu/adep

Employee Assistance Program is a confidential source for assessment, short-term counseling, and referral for a broad range of problems including alcohol or other drug abuse. The Human Resources Department provides this service to faculty, staff, and their family members. For information, call 845-3711.

Recovery Support Programs information is also available through Student Life Alcohol and Drug Education Programs. Program information includes: Alcoholics Anonymous (A.A.), or Narcotics Anonymous (N.A.), and more. For information, call 845-0280 or check the Website at http://studentlife.tamu.edu/adep

This document has been sent to all students, staff, and faculty in accordance with the Federal Government requirements of the Drug Free Schools and Campuses Act.