Legal News and Updates
Texas Legislative changes effective September 2011
Alcohol Related Offenses
Immunity from alcohol related charges is provided to minors who seek emergency medical help. Immunity can be granted to the first person who requested emergency medical assistance in response to the possible alcohol overdose and who is on the scene and cooperated with medical assistance and law enforcement.
There are enhanced penalties for providing and/or furnishing alcohol to minors at gatherings that involve binge drinking or coerced drinking.
First-time DWI convictions may be enhanced from a Class B misdemeanor to a Class A misdemeanor if the person’s blood alcohol content is .15 or more.
The offense of intoxication assault is enhanced from third degree felony to a second degree felony if a victim suffered a traumatic brain injury that resulted in a persistent vegetative state.
It is a felony offense to possess bath salts or the chemicals contained therein. Prior to this legislation bath salts, perceived as mimics of cocaine, LSD, MDMA, and methamphetamine, were marketed as “legal” alternatives to these drugs. Now possession of bath salts will be punishable from a state jail felony up to a first degree felony depending on the weight of the substance possessed.
Possession of K2, Spice, or synthetic marijuana is a crime punishable as a Class B misdemeanor up to a first degree felony depending on the weight of the substance possessed.
Sexting by minors is a Class C misdemeanor with enhance potential to Class B or Class A misdemeanors for repeat offenders.
All updates are from the Texas Bar Journal, Legislative update, September 2011
TABC reminds Texans about the continued dangers of alcohol poisoning.
Amid nationwide concerns about the safety of caffeinated malt beverages, the Texas Alcoholic Beverage Commission (TABC) reminds parents, young adults and teenagers of the dangers of alcohol poisoning. When inexperienced drinkers consumer high-alcohol-content beverages in large quantities, alcohol overdose is a serious risk, with or without the involvement of stimulants.