Texans love cracking open a cold beer, whether they’re at the big game or just watching the grass grow, which unfortunately means that the youngins in Texas sometimes get started a little early and end up getting in trouble with the law over underage drinking.
Despite the fact that drinking at senior prom or having a beer with your parents isn’t all that abnormal in the Lone Star State, questions surrounding underage drinking abound: Can you get arrested for underage drinking in Texas? And what happens if you buy alcohol for a minor? Can minors drink with their parents at restaurants in Texas?
In this article, the Houston DWI attorneys from Thiessen Law Firm will dive into the laws on underage drinking in Texas. If your child has been arrested for drinking underage, call Thiessen Law Firm today at (713) 864-9000 to protect their future.
What is the legal drinking age in Texas?
Although the legal drinking age in Texas is 21 years old, drinking is not an activity that only people over 21 participate in.
Many occasions in Texas are celebrated by or have become associated with consuming alcohol. Cue tailgating, barbecues, celebrating a win for the local high school football team, and throwing back a couple of beers while floating in San Marcos. However, it’s not just adults who drink at these functions. Texas teens are participating as well — often illegally, we might add.
There are a few exceptions to this rule, which we will cover later, but suffice it to say that if minors are caught drinking alcohol without legal guidance, they can face serious legal consequences.
What is the difference between DWI and DUI?
Although the two are often used interchangeably, there is a pretty massive difference between DWI and DUI in Texas. Let us lay down a couple of definitions for you:
- A DWI is defined as operating a motor vehicle in a public place while lacking normal physical or mental faculties as a direct result of alcohol or a controlled substance.
- A DUI is defined as a minor operating a motor vehicle with ANY amount of detectable alcohol in their system.
So DWIs are for adults, and DUIs are for minors, right? Wrong. A minor can still be charged with a DWI in Texas. Because of Texas’ zero-tolerance policy towards minors drinking and driving, minors with any amount of detectable alcohol, which really means minors who have some blood alcohol content but fall under the legal alcohol limit in Texas, will likely be charged with a DUI. Minors whose BAC registers above the legal limit of 0.08% may still be charged with a DWI and have to face the more serious consequences.
While DUI and DWI are only some of the types of underage drinking charges that minors can face in Texas, they’re the most serious and most common.
What happens if you get caught drinking under 21 in Texas?
If your child is caught drinking or possessing alcohol underage, there are any number of things that can happen, but the truth is it will almost always impact their immediate future — and if your child is caught drinking and driving, punishments will be even more severe.
How long can you go to jail for underage drinking? That depends on the type of charge, and even if your kid isn’t required to do any time, you can bet that they will have community service or DWI probation to look forward to.
Continue reading: How long does a DWI case take in Texas?
The different types of underage drinking charges
What are the different types of underage drinking charges, and can you go to jail for drinking under 21? Well, it depends on the number of similar offenses you’ve committed. First-time offenders face no jail time, while third-time offenders over the age of 17 can face up to 180 days in jail.
That said, minors arrested for any type of underage drinking may be put in what’s commonly known as the “drunk tank” until a parent or guardian is able to pick them up. The punishments for common underage drinking charges are as follows.
Purchasing, possessing, or consuming alcohol
| Offense | Maximum Fines | Community Service | License Suspension | Jail Time |
| First offense | $500 | 8 – 12 hours | Up to 30 days | N/A |
| Second offense | $500 | 20 – 40 hours | Up to 60 days | N/A |
| Subsequent offenses for those 18+ | $2,000 | N/A | Up to 180 days | Up to 180 days |
Punishments are the same for minors who are intoxicated in public, as well as those who misrepresent their age (or are caught with a fake ID) to purchase alcohol.
Driving Under the Influence (DUI) and Driving While Intoxicated (DWI)
| Offense | Maximum Fines | Community Service | License Suspension | Jail Time |
| DUIA by a Minor | $500 | 20 – 40 hours | Up to 180 days | N/A |
| DWI by a Minor (17–21) | $2,000 | N/A | Up to 1 year | 3 – 180 days |
Penalties for DWI charges in Texas become more severe the more strikes you have, and the story is the same for minors accused of either DUI or DWI.
What happens if you buy alcohol for a minor?
In Texas, parents and legal guardians — which includes spouses — over the age of 21 may legally provide minors with alcohol as long as they monitor consumption. Even under these comparative permissible conditions, the legal adults may be held criminally responsible if the underage individuals they’ve provided alcohol to cause an incident.
Adults who illegally make alcoholic beverages available to minors can face the following penalties:
| Fines | License Suspension | Jail Time |
| Up to $4,000 | Up to 180 days | Up to 1 year |
It doesn’t end there. Adults 21 or older, regardless of their relationship to the underage individual, can be held liable for damages caused by an intoxicated minor under the age of 18 if the adult knowingly provided alcohol to and/or allowed the minor to be served alcohol on premises owned or leased by the adult.
Underage drinking FAQ
Can 18-year-olds drink with parents in Texas?
What are the rules for minors drinking with their parents? Can minors drink with parents at restaurants in Texas? Texas Penal Code § 106.05 states that a minor can be in possession of alcohol so long as it is in the scope of the minor’s employment or if the minor is in the visible presence of their parents, guardians, or spouse. The same concept applies to the consumption of alcohol according to Texas Penal Code § 106.04.
This does not mean that a restaurant will serve drinks to minors even when they’re with their parents, nor that parents are off the hook for other minors, for whom they are not guardians, drinking underage.
Can a minor be charged with public intoxication?
Yes, minors can be charged with public intoxication in Texas. If a minor is found in a public place and is visibly intoxicated to the degree that they pose a danger to themselves or others, they can be arrested and charged with public intoxication.
The penalties for a minor charged with public intoxication are the same as those for minors who purchase or consume alcohol and include fines, community service, alcohol awareness classes, and temporary suspensions of their driver’s licenses.
How long do Minor in Possession (MIP) charges stay on your record?
Minor in Possession (MIP) charges can have long-lasting effects on a minor’s record. In Texas, minors can apply to have their MIP sealed and their record cleared once they turn 21.
However, to get the record sealed, the minor will have to have completed a deferred adjudication program instead of pleading guilty and serving community service time. They may also be able to seek expungement if the case was dismissed or they were otherwise not convicted.
Difference between Minor in Possession (MIP) and Minor in Consumption (MIC) charges
While the two charges carry similar penalties, they are technically distinct charges. The difference between the two is simple.
- Charges for Minor in Possession apply when minors are found in possession of alcohol, whether they have consumed any or not.
- Charges for Minor in Consumption apply when a minor is caught in the act of consuming alcohol.
While a minor will generally only incur one of these charges, they can be charged with an MIP or an MIC on top of their DUI.
Can 18-year-olds go to bars and not drink?
In Texas, 18-year-olds are technically permitted to go to bars, restaurants, and other establishments that serve alcoholic beverages as long as they don’t drink. This, however, won’t stop establishments from deciding not to let them in.
In Texas, bars and restaurants can refuse service to anyone for almost any reason. Letting minors into their establishment can represent an unnecessary risk, which many bar and restaurant owners will understandably not want to take on.
What is the difference between a minor and juvenile in Texas?
The terms “minor” and “juvenile,” while often used interchangeably, have distinct meanings when it comes to the Texas drinking laws.
- Minors are anyone under the age of 21. While in other contexts, the word “minor” often refers to those under the age of 18, when it comes to drinking in Texas, if you’re under 21, you’re a minor.
- Juveniles are anyone under 17 years old. The word “juvenile” is important because juvenile offenses and offenders are handled with a lot more understanding in Texas and generally put an emphasis on rehabilitation rather than punishment.
Is your child facing charges for underage drinking or DUI? Thiessen Law Firm can help.
So, can you be arrested for underage drinking in Texas? Yes. If your child is caught buying or consuming alcohol, is intoxicated in a public place, or is pulled over with alcohol in their system, they risk being arrested for underage drinking and may face criminal charges.
For anyone still wondering, “Should I get a lawyer for a DUI?” the answer is a resounding yes. In Texas, DWI charges can be a thorn in your side for the rest of your life, even if you are originally charged as a minor. The criminal justice system is unforgiving, and it can be difficult to get out without the help of an experienced criminal lawyer.
Mark Thiessen and the Houston criminal attorneys at Thiessen Law Firm can help. Call Thiessen Law Firm today at (713) 864-9000 or contact us online and ask us to protect your child’s future.
More Helpful Articles by Thiessen Law Firm:
- When Can Police Search Your Car in Texas?
- What Happens After Being Arrested for a DWI?
- What Not To Do After a DWI Arrest
- Can a Breathalyzer Test Be Wrong?
- What Happens When You Get a 3rd DWI in Texas?
