Texas Minor in Possession Laws

Online Alcohol Class offers the most comprehensive online MIP course available in Texas. We offer Level 1 (8 hour), Level 2 (16 hour), and Level 3 (24 hour) online Minor in Possession and Minor in Consumption Courses.

Often students and parents call our offices to ask about the MIP laws in Texas. As a courtesy, we've compiled the laws from every state and listed them below.

Please note that the Texas minor in possession laws shown on this page are intended to help help you to understand your local Texas laws. While we have tried to show the most up-to-date version of Texas MIP laws, but we cannot guarantee its accuracy. This information is not a replacement for legal advice from a lawyer. It is in your best interest that you find a qualified lawyer for more information about Texas MIP laws.

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Texas Minor In Possession Laws

Texas Underage Possession of Alcohol

Possession is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • Parent/guardian
  • OR spouse

Notes: In Texas, a minor may possess an alcoholic beverage if the minor is in the visible presence of his adult parent, guardian, or spouse. Tex. Alco. Bev. Code Ann. ยง 106.05.

Texas Underage Consumption of Alcohol

Consumption is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • Parent/guardian
  • OR spouse

Notes: In Texas, a minor may consume an alcoholic beverage if it is in the visible presence of the minor's adult parent, guardian or spouse.

Texas Underage Drinking: Internal Possession by Minors

Internal possession is not explicitly prohibited

Texas Underage Drinking: Underage Purchase of Alcohol

Purchase is prohibited, but youth MAY PURCHASE for law enforcement purposes

Furnishing Alcohol to Minors in Texas

Furnishing is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • Parent/guardian
  • OR spouse

Notes: In Texas, a person may purchase an alcoholic beverage for or give an alcoholic beverage to a minor if he is the minor's adult parent, guardian, or spouse, or an adult in whose custody the minor has been committed by a court, and he is visibly present when the minor possesses or consumes the alcoholic beverage.

Minimum Ages for On-Premises Servers and Bartenders in Texas

Beer: 18 for both servers and bartenders

Wine: 18 for both servers and bartenders

Spirits: 18 for both servers and bartenders

Minimum Ages for Off-Premises Sellers of Alcoholic Beverages in Texas

Beer: 16

Wine: 16

Spirits: 21

False Identification for Obtaining Alcohol in Texas

Provision(s) targeting minors:

  • Use of a false ID to obtain alcohol is a criminal offense
  • Penalty may include driver's license suspension through a judicial procedure

Provision(s) targeting retailers:

  • State provides incentives to retailers who use electronic scanners that read birthdate and other information digitally encoded on valid identification cards
  • Licenses for drivers under age 21 are easily distinguishable from those for drivers age 21 and older
  • Specific affirmative defense - the retailer inspected the false ID and came to a reasonable conclusion based on its appearance that it was valid

Blood Alcohol Concentration (BAC) Limits and Underage Operators of Noncommercial Motor Vehicles in Texas

BAC limit: 0.00 - any detectable alcohol in the blood is per se (conclusive) evidence of a violation

Applies to drivers under age 21

Texas Retail Sales: Keg Registration

Registration is not required

Texas Underage Driving Privileges: Use/Lose

Type(s) of violation leading to driver's license suspension, revocation, or denial:

  • Underage purchase
  • Underage possession
  • Underage consumption

Use/lose penalties apply to minors under age 21

Authority to impose driver's license sanction

  • Mandatory

Length of suspension/revocation: 30 days

Prohibitions Against Hosting Underage Drinking Parties in Texas

No State-imposed liability for hosting underage drinking parties

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