Can You Get Arrested For Underage Drinking?

Texas has a reputation for drinking as big as the state itself, leaving adults and teens alike to ask questions such as can you get arrested for underage drinking in Texas? What is the legal drinking age in Texas? And, what happens if you buy alcohol for a minor?

The drinking age in Texas is 21 years old. Any minor caught purchasing, consuming, or attempting to purchase alcohol could face underage drinking charges –– Minor in Possession (MIP) or Minor in Consumption (MIC) –– which can come with steep fines and even jail time. What’s more is that any adult over the legal drinking age caught providing alcohol to a minor may face even steeper penalties, including a Texas driver’s license suspension.

Let’s take a look at what the state’s laws have to say about underage drinking.

What is the legal drinking age in Texas?

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. Although the legal drinking age in Texas is 21 years old, there are exceptions to this law.

Texas Penal Code 106.05, for instance, 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 as according to Texas Penal Code 106.04.

However, if minors are caught drinking alcohol without legal guidance, they can face legal consequences. 

Continue reading: Can minors drink with parents at restaurants in Texas?

Underage drinking charges

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 underage drinking may be put in what’s commonly known as the “drunk tank” until a parent or guardian is able to pick you up.

Minors who purchase, attempt to purchase, possess, or consume alcoholic beverages, as well as minors who misrepresent their age to obtain alcohol or who are intoxicated in public, may face the following consequences:

First-time Offense: Class C Misdemeanor 

PENALTY	MINIMUM	MAXIMUM
Fines	–	$500
Community Service	8 hours	12 hours
License Suspension	–	30 days

Second-time offenders can face even harsher punishments, including:

Second-time Offense: Class C Misdemeanor 

PENALTY	MINIMUM	MAXIMUM
Fines	–	$500
Community Service	20 hours	40 hours
License Suspension	–	60 days

If the defendant is a minor but not a child (child meaning ages 10 to 17) and has been convicted of two or more similar offenses, punishments can include:

Minor (10 – 17) & 2+ offenses

PENALTY	MINIMUM	MAXIMUM
Fines	$250	$2,000
Jail Time	–	180 days
License Suspension	–	180 days

Charges for driving a motor vehicle or watercraft while under the influence

Texas is also a zero-tolerance state. This means that it is illegal for a person under the age of 21 to operate a motor vehicle in public while having any detectable amount of alcohol in their system. For example, if you are 17 and blow .04 — half the legal limit — on a Breathalyzer, you would be charged with DUI. In 2009, this law was expanded to include watercraft. 

Minor DWI texas penalties for first-time offenders include: 

DWI First-time Offense: Class C Misdemeanor

PENALTY	MINIMUM	MAXIMUM
Fines	–	$500
Community Service	8 hours	12 hours
License Suspension	–	30 days

Second-time offenders can face even harsher punishments, including:

DWI Second-time Offense: Class C Misdemeanor 

PENALTY	MINIMUM	MAXIMUM
Fines	–	$500
Community Service	20 hours	40 hours
License Suspension	–	60 days

Third-time offenders immediately lose deferred adjudication eligibility. They cannot plead “guilty” or “no contest” to criminal charges in exchange for completing certain requirements during a time frame set forth by the court. Other punishments can also include:

DWI Third-time Offense

PENALTY	MINIMUM	MAXIMUM
Fines	$500	$2,000
Community Service	40 hours	60 hours
Jail Time*	–	180 days
License Suspension	–	180 days

*Jail time can be sentenced if the minor is 17 years of age or older.

Although it’s not just minors who face consequences for their actions. Parents, guardians, and other adults can be penalized, too, if they’re found complicit.

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. Though 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:

Class-A Misdemeanor

PENALTY	MINIMUM	MAXIMUM
Fines	–	$4,000
Jail Time*	–	1 year
License Suspension	–	180 days

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.

Is your child facing underage drinking charges in Houston? You need Thiessen Law Firm on your side.

So, can you get arrested for underage drinking in Texas? If your child is caught buying alcohol or is intoxicated in a public place, they risk being arrested for underage drinking and may face misdemeanor convictions including Minor in Possession or a DWI in Texas. While these charges shouldn’t be taken lightly, the choice to drink underage doesn’t have to define your child’s future.

With the right lawyer on your side, you and your child can prevent this scary experience from defining the future. The right lawyer is Mark Thiessen from Thiessen Law Firm. Mark is an aggressive trial lawyer who is triple Board Certified in Criminal Law, DUI Defense, and DUI Law. He has extensive experience fighting complex charges and can help save your child from future issues with employment and/or college admissions.

Call Thiessen Law Firm at 713-864-9000 or fill out our online contact form to schedule a free consultation today.

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