As throughout the rest of the country, minors in Texas face penalties if they consume alcohol before they are 21 years old.
As throughout the rest of the country, people in Texas must be at least 21 years of age to consume alcohol. While there are a few exceptions to this, in the majority of cases, they are limited. For example, minors can legally consume alcohol if they are in the visible presence of their parent, guardian, or spouse. Law enforcement and the state prosecution also zealously pursue underage drinking charges, and there is not a great deal of evidence required to charge someone with an offense.
Penalties for Underage Drinking in Texas
In many cases, underage drinking is classified as a Class C misdemeanor and is punishable by a $500 fine. When a person has two or more convictions for underage drinking, the crime can be enhanced and is then punishable by a maximum fine of $2,000 and six months in jail.
A minor will also have their driver’s license suspended after a conviction for underage drinking. A first offense is punishable by a 30-day suspension, while a second offense carries a 60-day suspension of a driver’s license. Any subsequent conviction carries a 180-day driver’s license suspension with the Texas Department of Public Safety.
Although minors convicted of underage drinking will only usually face a fine, they can face greater penalties if they use a fake ID. Depending on the circumstances, using a fake ID can result in charges of forgery, fraudulent use or possession of identifying information, or tampering with government records. Many of these offenses are classified as state felonies.
What is Considered Possession?
Minors do not have to actually consume alcohol to face charges. Underage drinking is considered a public safety concern, and law enforcement issues citations even when there is little evidence to support them. Therefore, it is relatively easy for minors to be cited, prosecuted, and convicted of underage drinking in Texas.
Minors can also be charged with possession of alcohol, even if they are not drinking it. Additionally, a minor does not have to be holding or carrying an alcoholic beverage to be charged with possession. Something as simple as sitting at a table with a bottle of beer in front of them can constitute possession. Many minors can be charged with possession of the same item. For example, if many teenagers were sitting at a table with a bottle of beer on it, they may all face possession charges.
Our Criminal Defense Lawyers in Texas Can Help with Your Charges
If you or your child has been charged with underage drinking, you need strong legal representation. At Granger and Mueller, PC, our Texas criminal defense lawyers can build the strong defense you need to beat the charges so you do not pay for one mistake for years to come. Call us today at 512-474-9999 or fill out our online form to schedule a consultation with one of our experienced attorneys and to learn more about how we can help.