Taking The Right Actions When Facing Furnishing Alcohol To Minor Charges

Alcohol related offences can range from Class C level offences with no jail penalties to offences where the penalty is a maximum of one year in jail. If you or a loved one has been charged with an alcohol related offence, it is important to know your rights and the consequences of having a conviction for one of these offences. Call Hildreth & Rueda, in Austin, today for a free consultation with an experienced lawyer and learn how to protect your rights and your record.

What The Law Says

Below are excerpts of Texas law pertaining to this matter:

Furnishing Alcohol To A Minor

(a) Except as provided in Subsection (b) of this section, a person commits an offence if he purchases an alcoholic beverage for or gives or with criminal negligence makes available an alcoholic beverage to a minor.

(b) 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.

(c) An offence under this section is a Class A misdemeanor punishable by a maximum of year in jail and a maximum fine of $4,000.00.

Minor In Possession

a) Except as provided in Subsection (b) of this section, a minor commits an offence 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.

Minor In Consumption

(a) A minor commits an offence if he consumes an alcoholic beverage.

(b) It is an affirmative defence to prosecution under this section that the alcoholic beverage was consumed in the visible presence of the minor’s adult parent, guardian, or spouse.