Getting caught drinking underage in Texas isn’t just a slap on the wrist. It can have serious legal and personal consequences.
While it might seem like a harmless rite of passage to some, Texas law treats underage drinking as a criminal offense. The penalties can affect everything from your driver’s license to your future job prospects.
Whether you’re a teen, a parent, or just someone trying to understand the law, it’s important to know what happens if a minor is caught drinking alcohol.
In this article, we’ll walk you through what happens if you get caught underage drinking in Texas, what to expect if you’re charged, and how it can impact your education, driving privileges, and long-term record.
Texas Laws on Underage Drinking
Before we talk about what happens if you get caught underage drinking, let’s make sure we’re clear on what the drinking laws are in Texas.
Fortunately, the underage drinking laws in Texas are really clear. The minimum drinking age is 21. Anyone under the age of 21 is considered a minor. If you are under the age of 21 and get caught drinking, you are committing a criminal offense.
Texas has a zero-tolerance policy for minors for both consumption and possession of alcohol.
Common Scenarios Where Minors Get Caught
Unfortunately, there are many common scenarios where minors get caught drinking alcohol. For example:
- At a party or event
- At a bar or club using a fake ID
- With alcohol in a vehicle (open container laws)
- During traffic stops or accidents
- On school or college campuses
- At public parks or beaches
- With friends or peers who are drinking underage
Legal Penalties for Underage Drinking
The consequences of getting caught drinking as a minor in Texas are significant. For your first offense, it is considered a Class C Misdemeanor. You can face up to a $500 fine, mandatory alcohol awareness class for minors, 8 to 40 hours of community service, and a driver’s license suspension of 30 days.
For your second or third offense, you have all the above penalties, plus a longer driver’s license suspension time (60 to 80 days), and possible jail time.
If you are caught using a fake ID, it is an additional Class C or Class B misdemeanor, and you could face jail time for falsifying government records.
All this to say, you really don’t want to drink if you’re under the age of 21.
Impact on Driving Privileges
The consequences of getting caught underage drinking don’t stop with legal penalties. It also has an immediate impact on your driving privileges.
If you are convicted of underage drinking, the Texas Department of Public Safety will immediately suspend your driver’s license. This is true even if the offense didn’t happen while you were driving.
The process to get your driver’s license back is no small thing. You’ll may have to take court-ordered classes, get SR-22 insurance (much more expensive), and pay reinstatement fees. The process can take several weeks to complete.
School and Academic Consequences
There also can be school and academic consequences if you get caught underage drinking. You may face suspension or even expulsion from school. It’s also possible that you could lose scholarships or financial aid.
To top it all off, you may experience disciplinary action from your college or university.
Long-Term Consequences
Your future can also be seriously impacted if you get caught underage drinking. First, you’ll have a criminal record, even if it’s just a misdemeanor. Unless it’s expunged or sealed, that record will follow you for the rest of your life.
An underage drinking offense can also impact college admissions and employment background checks. You may be excluded from certain universities or jobs because of your record.
Additionally, an underage drinking offense can be a determining factor when it comes to military enlistment and professional licensing.
What To Do If You’re Caught Underage Drinking
If you’re caught underage drinking, there are several things you should do.
First, remain respectful and cooperative with law enforcement. Failing to do this can lead to additional offenses, such as resisting arrest.
Additionally, you should call a lawyer immediately. Be sure you don’t admit guilt without legal counsel. A lawyer can advise you on exactly what you should and shouldn’t say.
Finally, make sure that you attend all court hearings and complete all required programs. Failing to do these things will make things much worse for your case.
How Parents Can Help
If you’re a parent whose child has been caught underage drinking, you can help them sort through the fallout.
One of the best things you can do for your child is offer them emotional support and guidance. Your child is probably overwhelmed or even frightened by the consequences of their offense. By supporting and guiding them, you can help them navigate through this difficult time and make better choices in the future.
Additionally, you can help your child by hiring a qualified juvenile attorney. Your child most likely won’t have any idea what to look for in a juvenile attorney, let alone the financial ability to hire one. By finding a well-credentialed attorney, you can ensure the best possible outcome for your child.
As a parent, it’s also important that you monitor your child’s compliance with court orders. This includes things like taking court-ordered classes, showing up for hearings, and following any restrictions set by the court.
Finally, encourage positive behavioral changes in your child. Help them to understand the impact of their actions and take responsibility for them. You may want to get support from a therapist or counselor who specializes in working with juvenile offenders.
Conclusion
Underage drinking in Texas is a serious offense with real consequences, both in the short term and long term.
From fines and community service to driver’s license suspension and a permanent criminal record, getting caught can affect your future in significant ways. It’s not just about breaking the law. It’s about putting your education, job opportunities, and personal reputation at risk.
If you or someone you know has been caught drinking underage, it’s important to act quickly, seek legal advice, and comply with all court requirements. In many cases, there may be options to reduce the impact of the offense, especially for first-time violators.
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