Minor in Possession of Alcohol in Texas: Penalties and Defenses

A minor in possession of alcohol in Texas commits a Class C misdemeanor on a first offense, punishable by a fine of up to $500, 8 to 12 hours of community service, a mandatory alcohol awareness course, and an automatic 30-day driver’s license suspension.¹ Penalties climb with each repeat offense, and a third violation for anyone 17 or older can bring jail time and a permanent conviction that cannot be avoided through probation.

What Counts as a Violation

Texas treats anyone under 21 as a minor for alcohol purposes, and the Alcoholic Beverage Code reaches several kinds of conduct beyond actually drinking.

Possession itself is an offense. The alcohol does not have to be in the minor’s hand. If it is within their control, such as in a backpack, a car console, or sitting next to them at a party, that can be enough.²

Buying alcohol is a separate offense under Section 106.02, and attempting to buy it is its own violation under Section 106.025. A failed attempt still counts.³ Drinking alcohol is prohibited under Section 106.04, even if the minor never personally held the container.⁴ Falsely claiming to be 21 or older, or showing any document that suggests legal age, to someone selling or serving alcohol violates Section 106.07.⁵

All four offenses share the same penalty structure under Section 106.071, so the consequences below apply equally to each.¹

Situations That Are Not Violations

Texas carves out a few narrow exceptions.

Parent, Guardian, or Spouse in Visible Presence

A minor may possess alcohol while in the visible presence of an adult parent, legal guardian, or spouse who is 21 or older.² For consumption, that same visible presence is an affirmative defense, which means the minor carries the burden of proving the adult was there.⁴ The word visible does real work. A parent who hands over a six-pack and leaves the room has not satisfied it. The adult must actually be able to see the minor while the alcohol is possessed or consumed.

Employment

A minor who works for a licensed alcohol establishment may possess alcohol in the course and scope of that job, provided the employment itself is not prohibited by the Beverage Code.² Carrying drinks to a table or stocking shelves is covered. Drinking on the job is not.

Medical Amnesty

If a minor calls 911 because they or someone else may be experiencing an alcohol overdose, and they were the first person to make that call, Texas law provides a defense to a possession charge.² The minor generally needs to remain on scene and cooperate with emergency personnel to qualify. It is the exception most families do not know exists, and it can save a life.

Penalties by Offense

Texas escalates punishment with each conviction. Prior deferred dispositions and juvenile adjudications count as previous convictions for this purpose, so a case that was technically dismissed after probation still stacks.¹

First Offense

A first offense is a Class C misdemeanor. The fine is up to $500. The court orders 8 to 12 hours of community service focused on alcohol education or prevention where such programs exist, a mandatory alcohol awareness program, and a 30-day driver’s license suspension.¹ The awareness course is typically due within 90 days.

Second Offense

A second offense remains a Class C misdemeanor with a fine of up to $500, but community service jumps to 20 to 40 hours and the license suspension doubles to 60 days.⁶ The alcohol awareness course is again required.

Third and Subsequent Offenses

The third offense is where penalties shift, and the outcome depends on age.

For minors under 17, the offense is treated as conduct indicating a need for supervision and handled through the juvenile system. Fines remain up to $500, community service stays at 20 to 40 hours, and the license suspension rises to 180 days.⁶

For minors 17 or older, the offense is no longer a Class C misdemeanor. The fine range becomes $250 to $2,000, with up to 180 days in jail, 40 to 60 hours of community service, and a 180-day license suspension. A minor 17 or older with two prior convictions is no longer eligible for deferred disposition or deferred adjudication, so there is no probation route to avoid a conviction on the record.¹

The License Suspension Applies Even Without Driving

The suspension surprises many families because it applies whether or not a vehicle was involved. A minor cited at a house party loses driving privileges on the same schedule as one pulled over with beer in the car.

The court orders the Texas Department of Public Safety to suspend or deny issuance of the minor’s license for 30 days on a first offense, 60 days on a second, and 180 days on a third.¹ If the minor does not yet have a license, DPS delays their eligibility by the same period. The suspension takes effect on the 11th day after conviction.

Alcohol Awareness Course Is Mandatory

Every minor placed on deferred disposition or convicted of an alcohol offense must complete a state-approved alcohol awareness program.⁷ The court may accept a substance misuse education program regulated under the same framework. For first offenses, the course is usually due within 90 days.

Minors with a prior conviction face a heavier requirement. The court may order substance abuse counseling, a rehabilitative program, or both, in addition to the standard awareness course. Failing to complete the required program has consequences: the court can order DPS to suspend the minor’s license for up to six months, or deny issuance for that period.⁷ This suspension stacks on top of the one that comes with the underlying conviction.

Keeping the Conviction Off the Record

Texas offers two paths to limit the long-term damage, and each has limits.

Deferred Disposition

For a first or second offense, a judge in justice or municipal court may offer deferred disposition under Article 45.051 of the Code of Criminal Procedure. Instead of entering a conviction, the court places the minor on a probation period with conditions such as community service, an alcohol awareness course, and sometimes a fine.⁸ Satisfy every condition, and the charge is dismissed. This is the most common tool for keeping a first offense off the record.

A minor with two or more prior alcohol convictions is not eligible for deferred disposition or deferred adjudication.¹ That door closes at the third offense, which is one reason handling the first charge carefully matters.

Expunction After Turning 21

Section 106.12 provides a separate expunction process for minor alcohol offenses. A person who had only one alcohol-related arrest under this chapter while they were a minor may apply to have the complaints, verdicts, and law enforcement records sealed and destroyed.⁹ The applicant files a sworn statement that they had no other Beverage Code arrests while under 21. The filing fee is $30 per application.

If granted, the order directs state agencies to expunge the records, removing the conviction from standard background checks. This is separate from the general expunction process under the Code of Criminal Procedure. Multiple alcohol-related arrests as a minor disqualify a person from this route.

Adults Who Provide Alcohol Face Steeper Charges

Parents and other adults should know that furnishing alcohol to a minor is treated far more seriously than the minor’s own possession charge. Under Section 106.06, buying alcohol for or giving alcohol to a minor is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000.¹⁰

The only exception is when the adult is the minor’s parent, legal guardian, or spouse (21 or older) and remains visibly present while the minor possesses or consumes the drink. An older sibling, an aunt, or a friend’s parent does not qualify, even if they see themselves as a responsible supervisor.

The charge becomes a state jail felony if the minor who received the alcohol then causes serious bodily injury or death to someone else. Adults who supply alcohol at a party where binge drinking or forced consumption is occurring also face mandatory community service of 20 to 40 hours, a required alcohol awareness course, and a 180-day license suspension on top of the criminal penalties.¹⁰

When Getting a Lawyer Changes the Outcome

For a straightforward first offense where possession is clear, many families handle the case through deferred disposition without an attorney. The process in justice court is relatively mechanical. Legal help changes outcomes when the facts are contested, when the stop or search may have been improper, or when the minor already has a prior offense and is facing escalated penalties.

An attorney can challenge whether officers had reasonable suspicion or probable cause, whether the alcohol was actually in the minor’s knowing possession as opposed to a shared space, and whether procedural requirements were met. Evidence from a car or bag searched without consent or a warrant may be suppressible. For a second offense, the main value is often negotiating deferred disposition before that option disappears at the third conviction.

1
State of Texas. Texas Alcoholic Beverage Code Section 106.071 – Punishment for Alcohol-Related Offense by Minor
2
State of Texas. Texas Alcoholic Beverage Code Section 106.05 – Possession of Alcohol by a Minor
3
State of Texas. Texas Alcoholic Beverage Code Section 106.02 – Purchase of Alcohol by a Minor
4
State of Texas. Texas Alcoholic Beverage Code Section 106.04 – Consumption of Alcohol by a Minor
5
State of Texas. Texas Alcoholic Beverage Code Section 106.07 – Misrepresentation of Age by a Minor
6
Texas Department of Public Safety. Alcohol Related Laws for Minors
7
State of Texas. Texas Alcoholic Beverage Code Section 106.115 – Alcohol Awareness Program; License Suspension
8
State of Texas. Texas Code of Criminal Procedure Article 45.051 – Suspension of Sentence and Deferral of Final Disposition
9
State of Texas. Texas Alcoholic Beverage Code Section 106.12 – Expunction of Conviction
10
State of Texas. Texas Alcoholic Beverage Code Section 106.06 – Purchase of Alcohol for a Minor; Furnishing Alcohol to a Minor