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Minor Offenses/Penalties

Driving Under the Influence of Alcohol

A minor commits an offense if he or she operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor's system. DUI is a Class C Misdemeanor.

Possession of Alcohol by a Minor

A minor commits an offense if he possesses an alcoholic beverage. Minor in Possession is a Class C Misdemeanor.

It is not an offense for a minor to possess an alcoholic beverage:

  1. While in the course and scope of the minor's employment if the minor is an employee of a licensee or permittee and the employment is not prohibited by Texas law; or
  2. If the minor is in the visible presence of his or her adult parent, guardian, or spouse, or other adult to whom the minor has been committed by a court; or
  3. If the minor is under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of the Alcohol and Beverage Code.

Consumption of Alcohol by a Minor

If a minor consumes an alcoholic beverage it is a Class C Misdemeanor unless the minor consumed the alcoholic beverage in the visible presence of the minor's adult parent, guardian, or spouse.

Public Intoxication

A minor commits an offense in the minor appears in a public place while intoxicated to the degree that the minor may endanger himself or another person.

Purchase of Alcohol by a Minor

A minor commits an offense if the minor purchases an alcoholic beverage. A minor does not commit an offense if the minor purchases an alcoholic beverage under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of the Alcoholic Beverage Code.


Attempt to Purchase Alcohol by a Minor

A minor commits an offense if, with specific intent to commit to purchase an alcoholic beverage, the minor does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended.

Misrepresentation of Age by a Minor

A minor commits an offense if he falsely states that he is 21 years of age or older or presents any document that indicates he is 21 years of age or older to a person engaged in selling or serving alcoholic beverages.

Punishment for Alcohol-Related Offenses by Minors


First Offense

•    Fine up to $500.00

•    8 to 12 hours Community Service

•    Driver’s License Suspension for 30 days

•    Completion of an Alcohol Awareness Course


Second Offense

•    Fine up to $500.00

•    20 to 40 hours Community Service

•    Driver’s License Suspension for 60 days

•    Completion of an Alcohol Awareness Course


Third Offense

•    Fine of $250.00 to $2000.00

•    Up to 180 days in jail

•    Driver’s License Suspension for 180 days

Can Minors expunge alcohol related offenses?

First Offense

A minor is eligible for deferred disposition. If the minor completes the deferred disposition successfully, the conviction may be expunged once the minor turns 21 years of age so long as the minor has no other convictions of the Alcoholic Beverage Code.

Second Offense

A minor is eligible for deferred adjudication, however, the conviction may not be expunged from the minor’s record.

Third Offense
The minor is not eligible for deferred adjudication and the conviction may not be expunged from the minor’s record.

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