Can the same violation result in both criminal and administrative actions under TABC?

Can the same violation result in both criminal and administrative actions under TABC?

• A. No.
• B. Only if the violation involves multiple offenses.
• C. Yes. A single incident can lead to both without violating double jeopardy, as they are handled separately.
• D. Only for severe offenses.

Answer: (C)

In this situation, separate systems handle different consequences for the same act. A criminal case and an administrative action come from different authorities and have different goals—prosecuting a crime versus regulating licensees and enforcing agency rules. Because they are separate proceedings, a single incident can lead to both. Double jeopardy protects you from being punished twice in the criminal system for the same offense, but it does not bar the agency from pursuing administrative penalties for the same conduct. For example, selling alcohol to a minor could result in a criminal charge and, at the same time, TABC could suspend or revoke a license and impose fines. The two actions can occur in parallel without violating double jeopardy.

In this situation, separate systems handle different consequences for the same act. A criminal case and an administrative action come from different authorities and have different goals—prosecuting a crime versus regulating licensees and enforcing agency rules. Because they are separate proceedings, a single incident can lead to both. Double jeopardy protects you from being punished twice in the criminal system for the same offense, but it does not bar the agency from pursuing administrative penalties for the same conduct. For example, selling alcohol to a minor could result in a criminal charge and, at the same time, TABC could suspend or revoke a license and impose fines. The two actions can occur in parallel without violating double jeopardy.