Minors And Alcohol
Alco. Bev. 106.05 — under 21, a Class C offense, and a license suspension
In the Alcoholic Beverage Code a minor is a person under 21 years of age. A minor commits an offense by consuming an alcoholic beverage, and by possessing one, each a Class C misdemeanor for a first or second offense.
- Consuming is not an offense in the visible presence of the minor's adult parent, guardian or spouse, which is an affirmative defense.
- Possessing is allowed in that presence, or of another adult to whom a court committed the minor, in the course of employment for a licensee, or under the immediate supervision of an officer enforcing the code.
- Neither applies to a minor who was the first to request emergency medical help for a possible alcohol overdose, and, where it was someone else's, stayed until help arrived and cooperated.
- Neither applies, with limits, to a minor who reports a sexual assault or is the victim of one reported by another.
| Prior convictions | Driver's license suspended, or a license denied |
|---|---|
| Prior convictionsNone | Driver's license suspended, or a license denied30 days |
| Prior convictionsOne | Driver's license suspended, or a license denied60 days |
| Prior convictionsTwo or more | Driver's license suspended, or a license denied180 days |
The court also orders community service related to alcohol or drug education where it is available: not less than eight or more than 12 hours for a minor with no prior conviction, and not less than 20 or more than 40 hours after one.
A minor who is not a child and has two or more prior convictions faces a fine of $250 to $2,000, up to 180 days in jail, or both, and is not eligible for deferred disposition. The license suspension takes effect on the 11th day after conviction. A minor's public intoxication is punished the same way.
Sources for this section (5)
- Alco. Bev. 106.05 — Possession of alcohol by a minor
- Alco. Bev. 106.071 — Punishment for alcohol related offense by minor
- Alco. Bev. 106.01 — Definition of minor
- Alco. Bev. 106.04 — Consumption of alcohol by a minor
- Penal Code 49.02 — Public intoxication
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.