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.
| Class | Price | |
|---|---|---|
| 6 Hour MIP Class | $124.00 | Register Now |
| 8 Hour (Level 1) MIP Class | $149.00 | Register Now |
| 12 Hour MIP Class | $199.00 | Register Now |
| 16 Hour (Level 2) MIP Class | $249.00 | Register Now |
| 24 Hour (Level 3) MIP Class | $319.00 | Register Now |
Under the Texas Alcoholic Beverage Code, a minor is anyone under 21 years of age.
A minor generally commits an offense by possessing an alcoholic beverage. However, Texas law provides several exceptions. A minor may legally possess alcohol:
Texas Alcoholic Beverage Code § 106.05.
A person under 21 generally commits an offense by consuming an alcoholic beverage.
It is an affirmative defense to prosecution when the alcohol was consumed in the visible presence of the minor’s adult:
This exception does not mean that every adult may give alcohol to a minor. The adult generally must be the minor’s parent, guardian, spouse, or another adult who has court-ordered custody of the minor.
Texas Alcoholic Beverage Code § 106.04.
Texas law provides limited protections for minors who possess or consume alcohol when seeking emergency medical assistance for a possible alcohol overdose.
The protection generally applies when the minor:
Texas also provides limited protections for a minor who reports a sexual assault or is the victim of a reported sexual assault. These protections do not apply to a minor who committed the reported sexual assault.
Texas Alcoholic Beverage Code §§ 106.04 and 106.05.
Texas does not create a separate offense called “internal possession” based solely on alcohol being detected inside a minor’s body.
However, evidence that a minor consumed alcohol may support an underage-consumption charge. A minor who drives or operates a watercraft with any detectable amount of alcohol in the minor’s system may also be charged under Texas’s zero-tolerance law.
A minor may not purchase or attempt to purchase an alcoholic beverage.
An exception applies when the purchase occurs under the immediate supervision of a commissioned peace officer who is enforcing the Texas Alcoholic Beverage Code, such as during an authorized compliance operation.
Texas Alcoholic Beverage Code §§ 106.02 and 106.025.
A minor commits an offense by:
This law applies even when the identification belongs to another person or has been altered or falsified.
A seller may have a defense to a charge of selling alcohol to a minor when the minor presented apparently valid government-issued identification showing an age of 21 or older, the photograph and physical description were consistent with the minor’s appearance, and the identification was not electronically identified as invalid.
Texas Alcoholic Beverage Code §§ 106.03 and 106.07.
The standard penalty provisions apply to:
A first or second offense is generally a Class C misdemeanor.
In addition to a fine, a court must generally order:
If the minor does not have a driver’s license, the Texas Department of Public Safety may deny issuance of a license for the applicable period.
For a person who is no longer legally considered a child and has at least two previous convictions, the penalty may increase to:
A person with at least two previous convictions is generally not eligible for deferred disposition or deferred adjudication.
Texas Alcoholic Beverage Code § 106.071.
A court generally requires a minor placed on deferred disposition for an MIP or another covered alcohol offense to successfully complete:
For a first conviction, completion of one of these programs is generally mandatory. For a person with one or more previous convictions, the court may require program completion.
When the defendant is younger than 18, the court may also require a parent or guardian to attend the program.
The defendant generally must provide proof of completion within 90 days after the final conviction. The court may grant an extension of up to 90 additional days for good cause.
Failure to provide proof may result in an additional driver’s license suspension of up to six months. After a previous covered conviction, the suspension may be as long as one year.
Texas Alcoholic Beverage Code § 106.115.
A court may permit an approved online alcohol awareness program when the defendant resides in a Texas county with a population of 75,000 or less and access to an in-person program is not readily available.
The online program must be approved by the Texas Department of Licensing and Regulation. The court may instead order at least eight additional hours of alcohol-related community service.
Learn more about the online Alcohol Education Program for Minors.
Texas Alcoholic Beverage Code § 106.115.
A minor commits an offense by operating a motor vehicle in a public place or operating a watercraft while having any detectable amount of alcohol in the minor’s system.
A first or second offense is generally a Class C misdemeanor. In addition to other penalties, the court must order:
For an adult minor with at least two previous convictions, the offense may be punished by:
A minor may also be charged under the regular Texas DWI laws when the evidence supports those charges.
Texas Alcoholic Beverage Code § 106.041.
A person generally commits an offense by purchasing alcohol for or giving alcohol to someone under 21.
Alcohol may be provided to a minor when the provider is:
The adult must be visibly present while the minor possesses or consumes the alcohol.
Furnishing alcohol to a minor is generally a Class A misdemeanor. A Class A misdemeanor may carry a fine of up to $4,000, up to one year in jail, or both.
The offense becomes a state jail felony when the minor consumes the furnished alcohol and, as a result, causes another person to suffer serious bodily injury or death.
Additional sanctions may apply when alcohol was furnished at a gathering involving binge drinking, alcohol abuse, or forcing or coercing people to drink. These sanctions can include community service, an alcohol awareness program, and a 180-day driver’s license suspension.
Texas Alcoholic Beverage Code § 106.06.
Texas does not have a separate statewide criminal offense specifically titled “hosting an underage drinking party.” However, a person who purchases or provides alcohol for minors may be prosecuted for furnishing alcohol to a minor.
An adult age 21 or older may also face civil liability for damages caused by the intoxication of a minor under 18 when the adult:
Therefore, an adult may face consequences for an underage drinking party even without personally handing an alcoholic beverage to each minor.
A person commits an offense by selling an alcoholic beverage to a minor with criminal negligence.
Selling alcohol to a minor is a Class A misdemeanor. A retailer’s license or permit may also be suspended or canceled for selling, serving, dispensing, or delivering alcohol to a minor or for negligently allowing underage possession or consumption on the licensed premises.
Texas Alcoholic Beverage Code §§ 106.03 and 106.13.
Texas law generally prohibits employing a person younger than 18 to sell, prepare, serve, or otherwise handle liquor.
However, several exceptions apply:
Texas Alcoholic Beverage Code § 106.09.
A person who is at least 18 but younger than 21 may taste an alcoholic beverage as part of certain approved educational programs involving:
The tasting must be part of the course curriculum, the student may not purchase the beverage, and the activity must be supervised by a faculty or staff member who is at least 21.
Under this exception, “taste” means drawing the beverage into the mouth without swallowing or otherwise consuming it.
Texas Alcoholic Beverage Code § 106.16.
A person who was convicted of no more than one violation of the Texas Alcoholic Beverage Code while under 21 may apply to have the conviction expunged after reaching age 21.
A person who was arrested but not convicted may also qualify for expunction when the arrest involved no more than one incident. Multiple alcohol violations arising from the same incident may be eligible.
When an expunction is granted, the court orders the related complaints, judgments, law-enforcement records, prosecutorial records, and other documents removed as provided by law.
Texas Alcoholic Beverage Code § 106.12.
Texas underage alcohol cases may involve additional statutes, local court procedures, administrative driver’s license consequences, and facts unique to the case. This information is provided for general educational purposes and is not legal advice.