CONSUMPTION OF ALCOHOL, POSSESSION OF ALCOHOL BY MINOR

What is it? Possession of Alcohol by a Minor is an offense where a person under the age of 21 possesses alcohol. The person need not have consumed the alcohol or be intoxicated; it is enough to merely possess the alcohol.  Consumption of Alcohol by a Minor is where a person under 21 years of age ingests or drinks an alcoholic beverage.

What makes it illegal?  The Texas Alcoholic Beverage Code Sec. 106.05.   POSSESSION OF ALCOHOL BY A MINOR makes it illegal for a person under 21 to possess or have control over alcohol or alcoholic beverages. The Texas Alcoholic Beverage Code Sec. 106.04.  CONSUMPTION OF ALCOHOL BY A MINOR makes it illegal when a minor consumes an alcoholic beverage.

What are the Punishments? For individuals arrested for Possession of Alcohol by a Minor, the offense is considered a Class C Misdemeanor, punishable by fines of up to $500, along with the potential to Suspend a Driver's License or Delay the ability to obtain one. For repeat offenders, who have been previously convicted at least twice of an offense to which this section applies, the offense is punishable by: (1)  a fine of not less than $250 or more than $2,000;(2)  confinement in jail for a term not to exceed 180 days; or(3)  both the fine and confinement

For individuals arrested for Consumption of Alcohol by a Minor, the offense is considered a Class C Misdemeanor, punishable by fines of up to $500, along with the potential to Suspend a Driver's License or Delay the ability to obtain one. For repeat offenders, who have been previously convicted at least twice of an offense to which this section applies, the offense is punishable by: (1)  a fine of not less than $250 or more than $2,000;(2)  confinement in jail for a term not to exceed 180 days; or(3)  both the fine and confinement.

Common Criminal Cases Involving Possession of Alcohol by a Minor Arrests: The most common Possession of Alcohol by a Minor arrests are the result of being stopped in a car or dorm room with beer or wine, or being at a party where alcohol is being served. The most common Consumption of Alcohol by a Minor arrests involve curfew violations where officers stop minors on the street or at a party.

 

ALCOHOLIC BEVERAGE CODE Sec. 106.05.   POSSESSION OF ALCOHOL BY A MINOR. Sec. 106.05.  POSSESSION OF ALCOHOL BY A MINOR.  (a)  Except as provided in Subsection (b) of this section, a minor commits an offense if he possesses an alcoholic beverage. (b)  A minor may 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 this code; (2)  if the minor is in the visible presence of his 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 this code. (c)  An offense under this section is punishable as provided by Section 106.071.

ALCOHOLIC BEVERAGE CODE Sec. 106.04.   CONSUMPTION OF ALCOHOL BY A MINOR Sec. 106.04.  CONSUMPTION OF ALCOHOL BY A MINOR.  (a)  A minor commits an offense if he consumes an alcoholic beverage. (b)  It is an affirmative defense to prosecution under this section that the alcoholic beverage was consumed in the visible presence of the minor's adult parent, guardian, or spouse. (c)  An offense under this section is punishable as provided by Section 106.071. (d)  A minor who commits an offense under this section and who has been previously convicted twice or more of offenses under this section is not eligible for deferred disposition. For the purposes of this subsection: (1)  an adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered a conviction of an offense under this section; and (2)  an order of deferred disposition for an offense alleged under this section is considered a conviction of an offense under this section.

 

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