Finding out that your teenager has been charged with an alcohol-related offense in Texas is frightening. You may be worried about fines, a criminal record, or the impact this could have on their ability to get into college or find a job. These concerns are completely understandable, and the penalties for underage drinking in Texas can be more serious than most parents realize.
At McCarty Larson, PLLC, we know how stressful this situation is for both parents and young people. Texas takes underage alcohol offenses seriously, and even a first offense can result in fines, community service, a mandatory alcohol awareness course, and the suspension of your child’s driver’s license. This guide will explain the different types of underage drinking charges in Texas, the penalties for each, and the steps you can take to protect your child’s future.
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The Short Answer
Underage drinking in Texas can result in charges for Minor in Possession (MIP), Minor in Consumption (MIC), or Driving Under the Influence (DUI) if the minor was behind the wheel. A first offense is a Class C misdemeanor punishable by a fine of up to five hundred dollars, mandatory community service, an alcohol awareness course, and a driver’s license suspension of thirty to one hundred eighty days. Repeat offenses carry significantly harsher penalties, including potential jail time for minors seventeen or older with two or more prior convictions.
Texas Underage Drinking Laws Explained
In Texas, the legal drinking age is twenty-one. Any person under twenty-one who purchases, attempts to purchase, consumes, or possesses an alcoholic beverage is violating Texas law. The relevant statutes are found in the Texas Alcoholic Beverage Code, Chapter 106, which outlines several distinct offenses related to minors and alcohol.
Understanding the specific charge your child is facing matters because the penalties and long-term consequences can vary depending on the type of offense and the circumstances involved. Texas law distinguishes between possessing alcohol, consuming alcohol, and driving after consuming alcohol, and each carries its own set of consequences.
It is also important to know that “minor” in the context of alcohol offenses means anyone under twenty-one, not just those under eighteen. A nineteen-year-old college student and a fifteen-year-old high school student are treated similarly under these statutes, though the court procedures may differ depending on whether the defendant is processed through the juvenile or adult system.
Minor in Possession of Alcohol
Minor in Possession, commonly referred to as MIP, is the most frequently charged underage alcohol offense in Texas. Under Texas Alcoholic Beverage Code Section 106.05, a minor commits an offense if they possess an alcoholic beverage.
The definition of “possession” under Texas law is broader than most people expect. Your child does not need to be caught actively drinking to be charged with MIP. Possession can include holding a beer at a party, having alcohol in a vehicle, standing near a table with open containers, or even holding a friend’s drink temporarily. Texas courts recognize both actual possession, meaning the minor is physically holding or carrying the alcohol, and constructive possession, meaning the minor has access to and control over alcohol in their immediate area.
First offense penalties for MIP include a fine of up to five hundred dollars, an alcohol awareness course, eight to forty hours of community service, and a thirty to one hundred eighty day suspension of the minor’s driver’s license. If the minor does not yet have a license, the court can delay the issuance of a license for the same period.
Second offense penalties increase the consequences, with higher fines, additional community service hours, and a longer license suspension of sixty to one hundred eighty days.
Third and subsequent offenses carry the most severe penalties. For minors who are seventeen or older and have been convicted of at least two prior alcohol-related offenses, the charge can be enhanced. The fine increases to up to two thousand dollars, the license suspension extends to up to one hundred eighty days, and the minor can face up to one hundred eighty days in jail.
Minor in Consumption of Alcohol
Minor in Consumption, or MIC, is a separate offense from MIP. Under Texas Alcoholic Beverage Code Section 106.04, a minor commits an offense by consuming an alcoholic beverage. The critical difference is that MIC does not require the officer to physically observe the minor holding or possessing alcohol. An officer can charge a minor with MIC based on evidence that alcohol was consumed, such as the smell of alcohol on the minor’s breath, slurred speech, bloodshot eyes, or the results of a portable breath test.
The penalties for MIC are the same as those for MIP. A first offense is a Class C misdemeanor with fines, community service, an alcohol awareness course, and a license suspension. Repeat offenses carry progressively harsher consequences, including the possibility of jail time for minors seventeen and older with two or more prior convictions.
A minor can be charged with both MIP and MIC arising from the same incident. For example, if a minor is found at a party holding a beer and the officer determines they have also been drinking, the officer can issue citations for both offenses.
Driving Under the Influence as a Minor
Texas has a zero-tolerance policy for underage drinking and driving. Under Texas Alcoholic Beverage Code Section 106.041, it is illegal for any person under twenty-one to operate a motor vehicle or watercraft in any public place while having any detectable amount of alcohol in their system. This is different from the adult DWI standard, which requires a blood alcohol concentration of 0.08 or higher or evidence of impairment.
For a minor, any detectable amount of alcohol is enough to support a DUI charge. This means that even a single drink that would not impair an adult can result in a criminal charge for a person under twenty-one.
A first offense DUI for a minor is a Class C misdemeanor with penalties that include a fine of up to five hundred dollars, an alcohol awareness course, twenty to forty hours of community service, and a sixty-day driver’s license suspension. A second offense carries a one hundred twenty-day license suspension, and a third offense results in a one hundred eighty-day suspension.
If the minor’s blood alcohol concentration is 0.08 or higher, they can be charged with the more serious offense of driving while intoxicated (DWI), which carries significantly heavier penalties including potential jail time and a criminal record that is much more difficult to clear.
Exceptions to Underage Drinking Laws in Texas
Texas law does recognize a few limited situations where a minor can legally possess or consume alcohol. These exceptions include being in the visible presence of an adult parent, legal guardian, or spouse who is twenty-one or older, being employed by a licensed establishment where the possession is within the course and scope of employment, and being under the immediate supervision of a law enforcement officer enforcing the Alcoholic Beverage Code.
Outside of these narrow exceptions, any possession or consumption of alcohol by a person under twenty-one is a criminal offense.
Long-Term Consequences of an Underage Drinking Conviction
Beyond the immediate penalties of fines, community service, and license suspension, an underage drinking conviction can create lasting consequences that affect a young person’s opportunities for years to come.
A conviction creates a criminal record that can appear on background checks. This can affect college admissions, scholarship eligibility, financial aid, employment opportunities, housing applications, and professional licensing. For minors considering a career in law enforcement, healthcare, education, finance, or the military, an alcohol-related conviction on their record can create significant obstacles.
Insurance rates can also increase substantially after an alcohol-related conviction, particularly if the offense involved driving. The financial impact of higher insurance premiums can extend for several years beyond the initial conviction.
What to Do After Your Child Is Charged
If your child has been charged with an MIP, MIC, or underage DUI, the steps you take in the days following the citation or arrest can significantly affect the outcome of the case.
Do not ignore the citation. Many parents assume that a Class C misdemeanor is minor enough to handle without legal counsel, or that it will simply go away. It will not. Failing to appear in court on the scheduled date can result in an additional charge, a warrant for your child’s arrest, and increased fines.
Do not let your child plead guilty without consulting an attorney first. A guilty plea results in a conviction that goes on your child’s criminal record and can affect their future for years. Even a first-offense MIP conviction creates a permanent record unless affirmative steps are taken to clear it. Deferred disposition, which avoids a conviction entirely if conditions are met, is almost always a better option than a straight guilty plea.
Gather information about the incident. Write down everything your child remembers about the circumstances, including where they were, who they were with, whether they were actually drinking, and what the officer said and did. Details about whether the officer had reasonable suspicion for the contact can be important to the defense.
Keep your child away from additional trouble. A second alcohol-related offense significantly increases the penalties and reduces the legal options available. Impress upon your child the importance of avoiding situations involving alcohol while the case is pending.
Defense Options and Deferred Disposition
Texas law provides an important option for minors facing their first alcohol offense. Deferred disposition is an agreement between the minor and the court in which the minor pleads no contest or guilty and agrees to complete certain conditions, such as an alcohol awareness class, community service, and a period without further offenses. If the minor successfully completes all requirements, the charge is dismissed and no conviction is entered.
Deferred disposition can protect a young person from the long-term consequences of a criminal record, which is why it is critical to explore this option with an experienced attorney before entering any plea. An attorney may also challenge the underlying facts of the case, including whether the officer had reasonable suspicion for the stop, whether the minor actually “possessed” the alcohol as defined by law, and whether the testing methods used were reliable.
Our Texas criminal defense attorneys can evaluate the circumstances of your child’s case and determine the strongest defense strategy available.
How McCarty-Larson Can Help
An underage drinking charge does not have to define your child’s future. At McCarty Larson, PLLC, our attorneys have experience defending minors facing alcohol-related charges across Ellis, Johnson, Tarrant, and Dallas counties. We understand the juvenile system, we know how local courts handle these cases, and we are committed to protecting your child’s record and opportunities.
Our team can help you by:
- Evaluating whether deferred disposition is available for your child’s case
- Challenging the evidence, including the legality of the stop and the definition of possession
- Negotiating with prosecutors to reduce or dismiss charges
- Guiding your family through the court process with clarity and compassion
- Advising on steps to clear the record after the case is resolved, including expunction eligibility
We take these cases seriously because we understand what is at stake for your child’s future.
Contact Us Today
If your child has been charged with an alcohol-related offense in Texas, do not wait to get legal help. The decisions made early in this process can determine whether your child ends up with a criminal record or walks away with a clean slate. Contact McCarty Larson, PLLC today at (972) 775-2100 for a free consultation. Our Texas juvenile defense lawyers are ready to help protect your child’s future.
Frequently Asked Questions
For a first or second offense, jail time is unlikely. However, if a minor who is seventeen or older has two or more prior alcohol-related convictions, a third offense can result in up to one hundred eighty days in jail. This escalation makes it important to take even a first offense seriously.
Yes, unless the charge is dismissed through deferred disposition or the record is later expunged. A conviction for MIP will appear on criminal background checks and can affect college admissions, employment, and housing.
If the charge was dismissed through deferred disposition, it may be eligible for expunction. If the minor was convicted, expunction is generally not available, but other record-clearing options may exist depending on the circumstances.
No, with conditions. Texas law allows a minor to possess and consume alcohol if they are in the visible presence of their adult parent, legal guardian, or spouse who is twenty-one or older. However, providing alcohol to other people’s children is a criminal offense.
MIP (Minor in Possession) requires evidence that the minor had physical or constructive possession of alcohol. MIC (Minor in Consumption) requires evidence that the minor consumed alcohol, which can be established through the smell of alcohol, breath test results, or other observations. A minor can be charged with both offenses from the same incident.
Yes. Even though a first offense MIP or MIC is a Class C misdemeanor, the consequences can follow your child for years. An attorney can pursue deferred disposition, challenge the evidence, and work to keep the charge off your child’s permanent record.