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Here are some columns specifically aimed at spring breakers. For general legal advice not necessarily pertaining to spring break, go here.  Fake ID's and the Perils of Walking While Intoxicated - see how new laws can affect your spring break

Drunk-Related Public Lewdness Sexual Assualt Sleeping on the Beach

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The Fake ID -- Leave Home Without It. The most cherished possession of most young people is THE DRIVER'S LICENSE Texas Alcoholic Beverage Code Sec. 106.071 dictates a scheme of punishment for offenses under: 1. Purchase of Alcohol by a Minor 2. Consumption of Alcohol by a Minor 3. Misrepresentation of Age by a Minor First and second offenses are treated as Class "C" Misdemeanors: $500.00 fine max. Third offense can result in 180 days in jail and fine of $250.00 to $2,000.00. In addition, minor shall be ordered to perform alcohol-education/prevention community service (8-12 hours for first offenders or 20-40 hours for second and subsequent offenders). Suspension of DL First offense 30 days Second offense 60 days Third offense 180 days None of the above offenses is related to operation of a motor vehicle. Offenders are also required to attend an "Alcohol Awareness Course." Failure to complete the course results in a six-month DL suspension, while completing the course can result in a fine reduction of up to a half of the fine assessed.

Certain rituals surround the coming of age of young people not yet 21 years old. At some point in their lives before this magical moment they will acquire a "fake ID." This document is more often used to purchase beer than to attend R-rated movies and is a most cherished possession, second only to a driver's license. The ritual attending its use is ubiquitous. It is safely tucked away in some secret place in a wallet or purse and only surfaces immediately prior to use. On the Island during Spring Break, ID cards are minutely scrutinized and since the penalty for selling alcohol to minors can mean the loss of beer, wine and spirits license to the merchant, in almost all cases they just won't work. Besides, the truly good fake IDs are possessed by undercover minors working for the TABC to entrap merchants into license violations. Merchants know this, and that is a very good reason not to attempt the use of a fake ID. But, there are more compelling reasons for leaving it at home. Take the ridiculous example of a fake ID actually being accepted (obviously by a Circle K clerk from Tibet): You make your purchase. You then wander down to the beach with your 12 pack or keg or both in the vain hope of snagging a babe. You are at great risk. The risk is enhanced if you drink all of the beer yourself and stagger helplessly around trying to find your way home. Worse still, you may lay drunk on the sand under a hot sun surrounded by empty beer cans that you have thoughtfully crushed against your forehead. Your violations of the law are legion: 1. Purchase of Alcohol by a Minor 2. Consumption of Alcohol by a Minor 3. Misrepresentation of Age by a Minor 4. Public Intoxication You are not charged with Minor in Possession since you have consumed all of the beer. Nonetheless, you are still subject to a fine of $500.00 for each offense and loss of driver's license for 30 days for each offense. For those of you without calculus, that's $2,000.00 to get out of jail and loss of a driver's license for 120 days... the maximum punishment to be sure, but why run the risk? Your Ad Here

Most minors realize that the easiest way to obtain beer is to avoid having to purchase it. That's why one of the four students in your group is 21. But if you are under 21 and are carrying the grocery bag full of beer and chips back to your condo when you are stopped by an inquisitive TABC agent who may demand to look in the sack. When he finds the beer, you are arrested for Minor in Possession. Worse, when you are searched he discovers your fake ID.... the one that remained in that secret place in your wallet while your buddy was buying the beer. TABC agents know about secret places. Result: $500.00 fine and loss of your driver's license for 30 days for the fake ID and $500.00 fine for Minor in Possession.

Driving while Drinking vs. Walking while Drinking

Driving Under the Influence of Alcohol by a Minor TABC Sec 106.041 makes it unlawful for a minor to operate a motor vehicle in a public place while having "any detectable amount of alcohol in the minor's system." Beware of medications - some of them contain alcohol. No DL suspension but violations are punishable by fine of up to $500.00 only (keep your license if you drink and drive but not if you walk while drunk). Third conviction of Driving Under the Influence of Alcohol by a Minor (DUIM) may result in DL suspension under Trans. Code Sec. 521.341(a)(2) and 180 days in jail and fine of up to $2,000. In addition, time might be wasted in pesky Alcohol Awareness Courses or you may lose your DL for up to 6 months.  Scenario: You are exiting a club after consuming mega beers surreptitiously purchased for you by a variety of your 21 year old friends. All of you (wisely) leave the car where it is parked and struggle back to your condo moving like an amorphous blob undulating and swaying down the street. Naturally, you will all be arrested for public intoxication. Result: $500.00 fine for all of the 21 year olds. The minor is assessed a $500.00 fine for the Public Intoxication and a $500.00 fine for Consumption of Alcohol by a Minor and loss of driver's license for 30 days. A fake ID in a secret place in the wallet results in another $500.00 fine and loss of driver's license for 30 days. SPIPD also knows about secret places in the wallet.

Another Scenario: Wanting to avoid all of this bureaucratic hassle, a non-drinking driver is thoughtfully designated. -- the question being who is going to take that awesome task upon himself. You are all under age and are off to Mexico where you are free from pesky TABC agents. Luckily, one of your number is feeling poorly after having made it home the night before unarrested. The last thing he wants is alcohol. The thought of beer makes him queasy. The thought of wine makes him vomit. He won't think beyond that. Not only is his head throbbing but he has picked up a nasty cough as well. It hurts to breathe because that starts him coughing - which starts his head pounding.

After crossing the border into Mexico, you are buying Margaritas but your poor driver, searching for surcease from self inflicted pain, buys some cough medication and -- after a gulp or two -- his low spirits rapidly improve and may even begin to soar. But true to his word, he orders no beer or Margaritas and takes his responsibilities as designated driver seriously ... and another gulp of cough medicine as well. Of course, you still have to cross back into the United States where danger lurks. Even if you can avoid the border checks for public intoxication or DWI on this side of the border, you are still in peril.

Unfortunately, on the way the way back to the Island your designated driver forgets to use the turn signal when changing lanes and is stopped by DPS. Since all of his passengers are gloriously intoxicated, the officer assumes as much for the driver. But the driver knows he hasn't been drinking and eagerly submits to a breath test -- unaware of what effects the cough medicine may have upon him. He scores a .07, which is less the .10 required for DWI. As he smugly awaits to be released, he is informed by the officer that he is under arrest for Driving Under the Influence of Alcohol by a Minor (DUIM.)

Although he escaped the more serious charge of DWI, he nonetheless stands charged with having a discernible amount of alcohol in his system. Result: $500.00 fine. He keeps his driver's license though; a small reward for not being intoxicated. If he had been walking with the same amount of alcohol in his system he would have lost his driver's license for 30 days in addition to the fine. This glaring contradiction is the result of a melding of The Texas Alcohol Beverage Code and The Texas Transportation Code as applied to minors.

The passengers are hit with Public Intoxication and are fined $500.00. Since the alcohol was consumed in Mexico, Consumption of Alcohol by a Minor is avoided. If one of the passengers has a fake ID hidden in a secret place, a fine of $500.00 and loss of driver's license for 30 days will also be imposed on the violator. All minors convicted of Public Intoxication lose their driver's license for 30 days.

All is not lost, and the ingenuity of college students on Spring Break is never to be underestimated. I'm sure you will find a way.

Read on for more drinking related stuff.

Mike McNamara has been representing Island drunks and other assorted miscreants for more years than he cares to remember. If you have a general, spring break -related question of a legal nature, you can e-mail him and - if you ask real nice and attach a photo of a semi-clad large chested babe - you might even get a personal reply.