What are the penalties for underage drinking in Texas?
Underage alcohol offenses are Class C misdemeanors in Texas, punishable by a fine of up to $500, an alcohol education class, between 8 and 40 hours of community service, and loss or denial of a driver license for 30 to 180 days. The term covers more than drinking: attempting to purchase, purchasing, consuming, being drunk in public, and lying about your age all count.
- Underage drinking in Texas covers attempting to buy, buying, consuming, public intoxication, and misrepresenting your age.
- All of those are Class C misdemeanors.
- Penalties: a fine up to $500, an alcohol education class, 8 to 40 hours of community service, and license loss or denial for 30 to 180 days.
- A minor with prior alcohol convictions who fails or refuses court ordered alcohol awareness training loses their license for a year.
- Under the Zero Tolerance law it is illegal for anyone under 21 to drive in public with any detectable amount of alcohol, extended to watercraft since 1 September 2009.
It’s no secret that America’s youth has a habit of going great lengths to get their hands on alcohol before their 21st birthday. According to the National Institute on Alcohol Abuse and Alcoholism (NIAA), a government organization, “Underage drinking is a serious public health problem in the United States. Alcohol is the most widely used substance of abuse among America’s youth, and drinking by young people poses enormous health and safety risks.”
The NIAA reports that by age 15, nearly 30 percent of teens have had at least one alcoholic drink and by age 18, that number soars to 58 percent. “In 2018, 7.1 million young people ages 12-20 reported that they drank alcohol beyond ‘just a few sips’ in the past month,” according to NIAA.
What Are the Penalties?
In Texas, the term “underage drinking” refers to more than the actual act of drinking alcohol. It also refers to minors who attempt to purchase, who purchase, or who consume alcoholic drinks. It also refers to minors who drank in private (or public) and are drunk in public, or who lie about their age in order to buy or be served alcoholic beverages.
All the above underage alcohol offenses mentioned are classified as a Class C misdemeanor in Texas, punishable by:
- A fine not to exceed $500
- An alcohol education class
- Between 8 and 40 hours of community service
- Loss of driver license for 30 to 180 days or denial of license
If a minor has prior alcohol-related convictions on their record and they fail or refuse to attend alcohol awareness training that was court-ordered by a judge, then their driver’s license will be suspended for one year.
Under Texas’ Zero Tolerance law, it’s illegal for anyone under the age of 21 to operate a motor vehicle in public (underage DWI) with ANY detectable amount of alcohol in their system. As of September 1, 2009, this law was expanded so it included watercraft, such as boats and jet skis.
Facing alcohol-related charges? Contact Peter Barrett 24/7 at (214) 526-0555.
The offenses and what each carries
| Offense (under 21) | Grade | Penalties |
|---|---|---|
| Attempting to purchase alcohol | Class C misdemeanor | Fine up to $500, alcohol awareness class, 8 to 40 hours of community service, and licence suspension or denial of 30 to 180 days |
| Purchasing alcohol | Class C misdemeanor | |
| Consuming alcohol | Class C misdemeanor | |
| Public intoxication | Class C misdemeanor | |
| Misrepresenting your age | Class C misdemeanor | |
| Driving with any detectable alcohol (Zero Tolerance) | Class C misdemeanor, first offense | Its own offense with licence consequences, and it applies to watercraft too |
A minor with prior alcohol convictions who fails or refuses court ordered alcohol awareness training faces a licence suspension of up to a year, and a case involving driving moves into DWI territory: see underage DWI in Texas.
Common questions
What does underage drinking mean under Texas law?
More than the act of drinking. It also covers minors who attempt to purchase, who purchase or consume alcohol, who are drunk in public whether they drank in private or public, and who lie about their age to buy or be served alcohol.
What is the Zero Tolerance law?
It makes it illegal for anyone under 21 to operate a motor vehicle in public with any detectable amount of alcohol in their system. Since 1 September 2009 it also applies to watercraft such as boats and jet skis.
What happens if a minor skips court ordered alcohol awareness training?
If the minor has prior alcohol related convictions and fails or refuses to attend the training ordered by a judge, their driver license is suspended for one year.
The law this article describes, at the source. Every figure above can be checked against it.
This article is general legal information about Texas law, not legal advice about your case. Reading it does not create an attorney-client relationship. Laws change, so confirm the current rule with a licensed Texas criminal defense attorney about your specific facts. Request a free case review.