If you have questions about whether it’s legal for minors to drink with their parents in Texas, you’ve come to the right place. In Texas, it is generally illegal for individuals under the age of 21 to consume alcohol, but there are some instances in which it may be deemed permissible in moderation.
In this article, our Dallas criminal defense lawyers will address frequently asked questions and provide you with the information you need surrounding minors and alcohol consumption.
At our law firm, we’ve offered non-judgmental legal support for over 30 years and are here to help you understand the laws, potential consequences, and your rights.
For more information, we provide a free session for your initial consultation.
- Can Minors Drink Alcohol in Texas?
- Are There Any Exceptions That Allow Minors to Drink With Their Parents?
- Are Minors Allowed to Drink Alcohol in Public With Their Parents in Texas?
- What Does It Mean to Be Under the Direct Supervision of a Parent or Legal Guardian?
- What Are the Potential Consequences for Allowing a Minor to Drink in Texas?
- Can Parents Be Held Liable for Their Child’s Actions Related to Alcohol?
- What Should I Do if My Child Has Been Charged With Underage Drinking in Texas?
- How Can a Criminal Defense Lawyer Help in Underage Drinking Cases?
- What Should I Do If I Am Facing Charges for Allowing My Child to Drink in Public in Texas?
Can Minors Drink Alcohol in Texas?
No. The legal drinking age is 21 and is strictly enforced. Minors found in possession of alcohol can face legal consequences, and parents who allow their children to become publicly intoxicated will likely require the help of a Dallas child abuse lawyer to mitigate their punishment.
Are There Any Exceptions that Allow Minors to Drink With Their Parents?
There are limited exceptions to the law that allow minors to consume alcohol under certain circumstances. For example, a minor can consume alcohol as part of a religious ceremony or if they are under the direct supervision of their parent or legal guardian.
Yes. Texas law does allow minors to consume alcohol under specific circumstances. According to Texas Alcoholic Beverage Code § 106.04, a minor can legally consume alcohol if they are in the presence of their parent or guardian.
Note, that while the law permits this under certain conditions, the act of providing alcohol to a minor can still lead to legal issues if not done carefully. For example, if a parent allows a minor to drink excessively and it leads to harm, there could be liability issues.
Are Minors Allowed to Drink Alcohol in Public With Their Parents in Texas?
Generally, minors can not drink with their parents in restaurants or other public places. When it comes to public places, the rules are much stricter. Minors are not allowed to consume alcohol in public settings, regardless of parental presence. Under Texas Penal Code § 106.05
However, an exception is made for religious purposes, like for communion at church. In Texas, if your minor is caught drinking, even in front of their guardian, this may lead to fines and other consequences for both the child and parent.
What does It Mean to Be Under the Direct Supervision of a Parent or Legal Guardian?
Under Texas law, a minor can consume alcohol if they are in the visible presence of their parent or legal guardian and the parent or guardian is actively providing supervision. However, this exception does not give parents or guardians the right to provide alcohol to minors in just any situation.
What Are the Potential Consequences for Allowing a Minor to Drink in Texas?
If outside of the exceptions, allowing a minor to consume alcohol in Texas in the presence of a guardian can have serious legal consequences.
Under state law, it is a Class A misdemeanor for a parent or guardian to knowingly allow a minor to possess or consume alcohol on their property or under their control. This offense carries penalties of up to one year in county jail and/or a fine of up to $4,000.
Can Parents Be Held Liable for Their Child’s Actions Related to Alcohol?
In certain situations, parents can be held civilly liable for their child’s actions related to alcohol. If a minor causes injury or property damage while under the influence of alcohol, parents may be held responsible for any resulting harm.
It is crucial for parents to understand their legal obligations and take appropriate measures to prevent underage drinking.
What Should I Do if My Child Has Been Charged With Underage Drinking in Texas?
If your child has been charged with underage drinking, it is important to seek legal representation immediately. The Law Offices of Randall B. Isenberg has underage DWI attorneys in Dallas who can provide you with experienced legal guidance and help protect your child’s rights.
We will thoroughly review the details of the case, explore potential defenses, and work towards the best possible outcome.
How Can a Criminal Defense Lawyer Help in Underage Drinking Cases?
Our skilled criminal defense lawyer can provide invaluable assistance in underage drinking cases.
They will analyze the evidence, challenge the legality of the search or seizure, negotiate with the prosecution, and, if necessary, represent your child in court. Their goal is to minimize the potential consequences and protect your child’s future.
What Should I Do if I Am Facing Charges for Allowing My Child to Drink in Public in Texas?
If you are facing charges for allowing your child to drink, it is crucial to seek legal representation immediately. The Law Offices of Randall B. Isenberg can provide you with the support and guidance you need during this challenging time.
We will explain the charges against you, explore potential defenses, and fight for your rights in court. Contact us today.
