Common Legal Concerns

Navigating the legal landscape of college life can be difficult and scary. As students begin their academic journey, they often encounter a new sense of independence. However, this freedom comes with responsibilities and potential legal issues. Below are detail of common legal challenges that could arise while here at Texas A&M and in the community. Whether dealing with landlord-tenant disputes, alcohol-related violations, or traffic violations, we’re here to help you understand your rights and the steps you can take to protect yourself. Stay informed and prepared to address any legal obstacle you may face during your college years.

Alcohol & Substance Violations

Student Legal Services offers guidance and counsel on criminal charges, emphasizing the gravity of alcohol-related offenses. A scrutiny of such citations underscores the need to reassess alcohol misuse.

Individuals may face several charges concurrently. For instance, one might be accused of Minor in Possession of Alcohol, Failure to Identify, and Public Intoxication during a single incident. The penalties are significant, and securing bail might require a bail bond agent’s assistance.

Those who disregard these statutes and face arrest must navigate a challenging phase, contending with substantial financial burdens and time commitments.

Offense	Penalty	Additional Penalties	Notes
Possession of Alcohol by a Minor (MIP)	1st Offense: $500 2nd Offense: $560 3rd Offense: Class B misdemeanor	A driver’s license can be suspended for: 1st MIP: 30 days suspended license 2nd MIP:60 days suspended license 3rd MIP: 6 months suspended license. Driving with a suspended driver’s license is a Class B misdemeanor with further loss of driver’s license.	Penalties and suspension periods increase on subsequent arrests.
Driving Under the Influence (DUI) by a Minor	1st Offense: $500 2nd Offense: $560	A driver’s license can be suspended 60 days for the first DUI. Driving with a suspended driver’s license is a Class B misdemeanor with further loss of driver’s license.	DUI by a minor requires merely a detectable trace of alcohol on the breath. No need for a blood, breath, or physical test. Penalties and suspension periods increase on subsequent arrests.
Furnishing Alcohol to a Minor	Class A misdemeanor Automatic 180-day driver’s license suspension upon conviction.	Civil Liability for Providing Alcohol to a Minor: Adults (21 years or older) can be liable for damages caused by a minor’s intoxication if they knowingly served or provided alcohol to the minor.	Exception: when the minor’s parent, guardian, a spouse 21 years of age or more purchases or provides alcohol to the minor. This adult must be visibly present when the minor possesses or consumes the alcoholic beverage.
Public Intoxication (PI)	Class C misdemeanor		A person is considered intoxicated in public to the degree that they may endanger themselves or others. No sobriety tests need to be administered before arrest.
Possession of an Open Container of Alcohol in a Motor Vehicle	Class C misdemeanor		Class C misdemeanor Possession of an Open Container: Knowingly possessing an open container of alcohol in a passenger area of a motor vehicle on a public highway.“Open container” includes bottles, cans, or receptacles with any amount of alcoholic beverage. Passenger area excludes locked glove compartments, trunks, or areas behind the last upright seat.
Possession of Marijuana	Two ounces or less: Class B misdemeanor. More than two ounces but less than four ounces: Class A misdemeanor. More than four ounces but less than five pounds: State Jail Felony.		Knowingly or intentionally possessing a usable quantity of marijuana.
Possession of Drug Paraphernalia	Class C misdemeanor	Violation of the Texas Health and Safety Code.	Using or possessing drug paraphernalia for illegal purposes (e.g., cultivating, inhaling, or introducing controlled substances).

Expunctions

Expunctions and Non-Disclosure Orders for various offenses are beneficial for future careers. Any person convicted of no more than one violation of the Texas Alcohol Beverage Code while a minor, on attaining the age of 21 years, may apply to the court in which he was convicted to have the conviction expunged. Following entry of an expunction order, the occurrence of the M.I.P. conviction and existence of the expunction order may be denied by the defendant as the court records will be removed.

State Alcohol Awareness Class

Completion of a state-approved Alcohol Awareness Class may be ordered as part of the legal sanctions. Classes are offered on campus by the Center for Alcohol and Drug Education Studies (CADES) to students and the public.

Learn more about CADES classes

Texas A&M Student Rules

Students at Texas A&M who receive alcohol citations can face disciplinary action from the institution, which is separate from any legal consequences. The university’s Student Conduct Office will notify students of any charges in writing. For further details on the conduct process, contact the office at 979.847.7272 or visit their location on the third floor of the Student Services Building.

Driving While Intoxicated

Student Legal Services provides advice and counseling to students with criminal law issues. Criminal law involves prosecution of a person for an act classified as a crime.

Offense	Penalty	Additional Penalties	Notes
Driving While Intoxicated (DWI)	Class B Misdemeanor Minimum confinement: 72 hours. If an open container of alcohol was in the driver’s immediate possession, the minimum term of confinement is six days. Breath or Blood Test Refusal: 180-day suspension of license Driver Fails Intoxication Test: 90-day suspension of license Driver under 21 years has any detection of alcohol: Suspension term for failure to pass the test for intoxication: 1st offense: 60-day license suspension	Vehicle insurance cost increases significantly. Driver License Suspension: DWI-related suspension: One year. Driving with a suspended license: Class B misdemeanor with increased license suspension time.	A person commits DWI if they are intoxicated while operating a motor vehicle in a public place. Ignition Interlock Device for High BAC:If a person is convicted of driving with a blood alcohol level of 0.15 or more, an ignition interlock device will be installed on their car if they are to receive probation.
Boating While Intoxicated (BWI)	Class B misdemeanor. Minimum term of confinement: 72 hours.		A person commits BWI if they are intoxicated while operating a watercraft.
Intoxication Assault	Third-degree felony	Civil Liability for Providing Alcohol to a Minor: Adults (21 Often, the injured person will be the driver’s passenger. If the passenger or another person dies, the offense becomes Intoxication Manslaughter, a second-degree felony.	A person, by accident or mistake while operating an aircraft, watercraft, or motor vehicle in a public place while intoxicated, causes serious bodily injury to another person.

Offense

Penalty

Additional Penalties

Notes

Driving While Intoxicated (DWI)

Class B Misdemeanor
- Minimum confinement: 72 hours.
- If an open container of alcohol was in the driver’s immediate possession, the minimum term of confinement is six days.
Breath or Blood Test Refusal:
- 180-day suspension of license
Driver Fails Intoxication Test:
- 90-day suspension of license
Driver under 21 years has any detection of alcohol:
- Suspension term for failure to pass the test for intoxication:
- 1st offense: 60-day license suspension

Vehicle insurance cost increases significantly.

Driver License Suspension:

- DWI-related suspension: One year.
- Driving with a suspended license: Class B misdemeanor with increased license suspension time.

A person commits DWI if they are intoxicated while operating a motor vehicle in a public place.

Ignition Interlock Device for High BAC:If a person is convicted of driving with a blood alcohol level of 0.15 or more, an ignition interlock device will be installed on their car if they are to receive probation.

Boating While Intoxicated (BWI)

Class B misdemeanor.
Minimum term of confinement: 72 hours.

A person commits BWI if they are intoxicated while operating a watercraft.

Intoxication Assault

Third-degree felony

Civil Liability for Providing Alcohol to a Minor: Adults (21 Often, the injured person will be the driver’s passenger. If the passenger or another person dies, the offense becomes Intoxication Manslaughter, a second-degree felony.

A person, by accident or mistake while operating an aircraft, watercraft, or motor vehicle in a public place while intoxicated, causes serious bodily injury to another person.

Miscellaneous Charges

Student Legal Services provides advice and counseling to students with criminal law issues. Criminal law involves prosecution of a person for an act classified as a crime.

Offense	Penalty	Additional Penalties	Notes
Possession of a Fake ID	Class A misdemeanor	A driver’s license can be suspended for one year for fake ID and DWI. Driving with a suspended driver’s license is a Class B misdemeanor with further loss of driver’s license.	A person commits DWI if they are intoxicated while operating a motor vehicle in a public place. Possession of a driver’s license that is fictitious or has been altered. This law also applies to possession of more than one currently valid driver’s license. Penalties and suspension periods increase on subsequent arrests.
Failure to Identify	Class B misdemeanor		Providing false information (name, address, or date of birth) to a peace officer who has lawfully arrested or detained the person.
Disorderly Conduct	Class C misdemeanor		Class C misdemeanor Disorderly Conduct Examples: Making unreasonable noise in a public place or near a private residence. Exposing genitals in public recklessly. Using abusive, indecent, profane, or vulgar language in public. Making offensive gestures or displays. Language or actions that incite an immediate breach of the peace.

Traffic Violations

Traffic violations can result in a citation for violation of a certain criminal law as well as financial responsibility for damages to property involved in the incident. The action you take after the incident will depend on if you were the party at fault or not. Review our Traffic Violations webpage to learn more about what to do if you receive a traffic citation or are involved in a traffic accident.

Learn more about traffic violations

Misdemeanor Classes

Class A

Fine up to $4,000, up to 1 year in jail, possible 180 days driver’s license suspension with some offenses such as furnishing alcohol to a minor

Class B

Fine up to $2,000, up to 6 months in jail, possible 72 hours minimum confinement with some offenses such as driving while intoxicated

Class C

Fine up to $500, community service, alcohol awareness course, 30 to 180 days driver’s license suspension for some offenses (such as minor in possession of alcohol)