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. It’s important to note that these offenses can have a severe impact on a student’s criminal record as well as his or her education.
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 | Potential Penalties | Where Students Get into Trouble | Note |
|---|---|---|---|
| Minor in Possession (MIP) | Usually a class C misdemeanor, with fines above $500 and potential driver’s license suspensions | Holding a friend’s drink while she goes to the bathroom; sitting in front of an alcoholic drink at a table | The fact that the drink isn’t yours or that you weren’t drinking it doesn’t matter |
| Minor Driving Under the Influence (DUI) | Usually a class C misdemeanor, with fines above $500 and potential driver’s license suspensions | Driving with ANY detectable amount of alcohol | If you refuse a blood or breath test, your driver’s license can be suspended and an officer may get a warrant for a blood draw anyway |
| Furnishing Alcohol to a Minor | Class A misdemeanor, with potential jail time and driver’s license suspension | Student org parties where minors are being served/able to get alcohol | If you provide alcohol to a minor and they hurt someone or cause damage, you can be held responsible |
| Driving While Intoxicated (DWI) or Boating While Intoxicated | Usually a class B misdemeanor, with fines starting at $2,000, driver’s license suspensions, and potential jail time | Driving while drunk. | Additional penalties and crimes may exist depending on circumstances (open containers in motor vehicles, etc.) |
| Public Intoxication | Usually a class C misdemeanor, with fines above $500 | Walking home from Northgate drunk, sleeping on the ground | If police cannot get a sober friend to come get you they will likely arrest you because they won’t leave you in that state |
| Possession of an Open Container of Alcohol in a Motor Vehicle | Usually a class C misdemeanor, with fines above $500 | Riding in a car with alcohol partially consumed, open, or with the seal broken | Passenger area includes anywhere the driver or passengers sit |
| Possession of Marijuana | Usually a class C misdemeanor, with fines above $500 | Marijuana is still illegal, and hemp laws are constantly changing in Texas. | |
| Possession of Drug Paraphernalia | Usually a class C misdemeanor, with fines above $500 | Vaping and the like. Because the laws are so fluid, it can be difficult to know what is illegal vs. not. | Hemp laws are constantly changing in Texas. |
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.
Depending on how your case was resolved, some charges and arrests are eligible for expunctions and/or non-disclosure orders. These orders can erase or limit what information remains on your criminal records. It’s best to consult with an attorney before making a plea in a criminal case because your plea may impact which option is available for you.
State Alcohol Awareness Class
Completion of a state-approved Alcohol Awareness Class may be ordered in your case. 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.
| Offense | Potential Penalties | Where Students Get into Trouble | Notes |
|---|---|---|---|
| Failure to Identify | Ranges – can be a class C with fine only or class B with potential jail time | Refusing to provide their name etc. or providing fake information | If you give false info – even as a joke – you can be prosecuted here |
| Possession or Use of a Fake ID | Usually a class A misdemeanor with fines of $4,000 and potential jail time; sometimes class C if a minor at a bar | Minors attempting to buy alcohol; borrowing someone else’s ID | These penalties are serious and can ruin employment chances and scholarships |
| Disorderly Conduct | Usually a class C with fines of around $500; can be class B for more severe, which is a higher fine and potential jail time | Vulgar language, fighting, offensive gestures | If drunk, can be paired with other offenses |
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