What happens if a minor tries to buy alcohol in Texas?

Texas law prohibits anyone under 21 from purchasing or attempting to purchase alcohol. Under Texas Alcoholic Beverage Code §§ 106.02 and 106.025 , these offenses are generally Class C misdemeanors. A conviction can involve a fine, community service, alcohol-awareness or substance-misuse education requirements, and a 30-day driver's license suspension for a first conviction. Repeat offenses can carry more serious penalties. For college students, the incident may also lead to separate disciplinary action under their school's conduct policies.

Can you get an MIP for holding someone else's drink in Texas?

Possibly. Texas law generally prohibits a person under 21 from possessing an alcoholic beverage unless a statutory exception applies. Whether prosecutors can prove possession may depend on the circumstances, including where the alcohol was found, who controlled it, and what witnesses or police observed.

What happens after a first MIP in Texas?

A first minor-in-possession offense is generally a Class C misdemeanor. However, the consequences can extend beyond a fine. Texas law provides for community service and may require completion of an alcohol-awareness or substance-misuse education program. A first conviction can also result in a 30-day driver's license suspension or, for a minor who does not have a license or permit, a 30-day denial of driving privileges. College students may also face separate disciplinary consequences through their school.

Can an MIP or underage alcohol charge be expunged in Texas?

Possibly. Texas Alcoholic Beverage Code § 106.12 provides a specific expunction process for certain alcohol-related convictions received while a minor. A person who was convicted of no more than one violation of the Alcoholic Beverage Code while a minor may apply for expunction after turning 21 if the statutory requirements are satisfied. Dismissed cases may have other expunction options depending on the circumstances.

Can you get a DUI in Texas if you are under 21 and below 0.08?

Yes. Texas has a zero-tolerance law for drivers under 21. A minor can be charged with DUI by a minor for operating a motor vehicle in a public place with any detectable amount of alcohol in their system. The state does not have to prove a 0.08 alcohol concentration. A minor may instead face DWI if the evidence establishes intoxication under Texas DWI law.

Is underage DUI the same as DWI in Texas?

No. DUI by a minor and DWI are separate offenses. DUI by a minor applies when someone under 21 operates a vehicle in a public place with any detectable amount of alcohol in their system. DWI requires the state to establish intoxication as defined by Texas law. Depending on the evidence, a driver under 21 could potentially face a DWI charge rather than only an underage DUI allegation.

Can you get a public intoxication charge just for being drunk in Austin?

No. Being intoxicated in a public place is not enough by itself. Texas Penal Code § 49.02 requires the state to establish that the person was intoxicated to the degree that they may endanger themselves or another person. Whether that requirement can be proven depends on the evidence surrounding the arrest or citation.

Can a college punish you for an off-campus alcohol arrest?

Potentially. A university disciplinary proceeding is separate from the criminal case, and a school's conduct rules may apply to some off-campus behavior. Students facing both proceedings should be careful about statements they make during a school investigation because those statements could become relevant to the criminal case.

Do I need a lawyer for a Class C alcohol citation in Austin?

Texas does not require you to hire a lawyer simply because you received a Class C citation, but paying a ticket or entering a plea can have consequences beyond the fine. An attorney can review the evidence, determine whether a defense or statutory exception applies, and evaluate options that may help protect your record.

Austin Alcohol Offenses Lawyer | DWI, MIP & Fake IDs

An alcohol-related arrest or citation in Austin can have consequences that extend far beyond a fine. Depending on the allegation, you could face jail, driver’s license consequences, a criminal record, or problems with school, employment, or professional licensing.

While DWI is generally the most feared and well-known alcohol-related offense, a minor in possession citation, public intoxication arrest, or fake-ID allegation can also create consequences that extend well beyond the initial citation.

Defense Attorney for Alcohol Related Offenses in Travis County

At Michael & Associates Criminal Defense Attorneys, every client works directly with an experienced Senior Trial Attorney, never a junior associate. Our Austin defense team represents adults, college students, and minors facing alcohol-related charges throughout Austin, Travis County, and surrounding communities, including Sunset Valley, Round Rock, West Lake Hills, Pflugerville, and Lago Vista.

Our Austin attorneys handle criminal cases in Travis County and are supported by a statewide defense team that includes former prosecutors, judges, law enforcement officers, and attorneys with advanced forensic training. Dan Dworin is Board Certified in Criminal Law by the Texas Board of Legal Specialization, while James Fletcher, managing attorney of our Austin office, has earned the ACS-CHAL Lawyer-Scientist designation, providing additional experience when cases involve alcohol testing or other forensic evidence.

Common Alcohol-Related Charges in Austin

Texas law covers a wide range of alcohol offenses, from Class C misdemeanor citations to DWI charges carrying possible jail time and driver's license consequences. Common cases include:

Driving while intoxicated (DWI)
DUI by a minor (underage DUI)
Minor in possession of alcohol (MIP)
Consumption of alcohol by a minor
Purchase or attempted purchase of alcohol by a minor
Misrepresentation of age or fake-ID allegations
Furnishing alcohol to a minor
Public intoxication

The penalties and available defenses depend on the specific offense, the person’s age and criminal history, and the circumstances surrounding the arrest or citation.

DWI in Austin

Austin is known for its vibrant nightlife, and DWI enforcement can be rigorous. The Impaired Driving Investigations Unit (IDI) investigates DWI cases and enforces DWI laws in the City of Austin.

Under Texas Penal Code § 49.04, a person commits DWI by operating a motor vehicle in a public place while intoxicated.

Texas defines intoxication to include having an alcohol concentration of 0.08% or more or not having the normal use of mental or physical faculties because of alcohol, drugs, a combination of substances, or another substance.

A first DWI is generally a Class B misdemeanor, although aggravating circumstances can increase the penalties or offense level. A DWI arrest can also trigger a separate driver's license case through the Administrative License Revocation (ALR) process. In many cases, you have only 15 days after receiving notice to request a hearing, although a different deadline can apply when DPS later mails a suspension notice based on blood-test results.

Underage Drinking and DUI by a Minor

Austin's colleges, vibrant nightlife scene, entertainment districts, bars, concerts, festivals, and parties create plenty of opportunities for young people to encounter law enforcement over alcohol. Texas law also imposes special restrictions on anyone under 21.

Texas Alcoholic Beverage Code Chapter 106 addresses many of these offenses, including possession and consumption of alcohol by a minor, purchasing alcohol, misrepresenting age, and DUI by a minor.

DUI by a minor is different from an adult DWI. Under § 106.041, a minor can violate the law by operating a motor vehicle in a public place with any detectable amount of alcohol in the minor's system. The state does not have to establish a 0.08 alcohol concentration for this offense.

A young driver may also face an ordinary DWI charge if the evidence supports intoxication under Texas DWI law.

Minor in Possession of Alcohol in Austin

Under Texas Alcoholic Beverage Code § 106.05, a person under 21 generally commits an offense by possessing an alcoholic beverage unless a statutory exception applies.

One important exception allows possession in the visible presence of the minor's adult parent, guardian, or spouse. Other exceptions can apply in employment and certain other circumstances.

A first or second MIP offense is generally a Class C misdemeanor. However, an MIP case can involve more than simply paying a ticket. Texas law can require community service and alcohol-awareness measures and can impose additional consequences for repeat offenses.

For college students, an alcohol citation may also create a separate issue under the student's university conduct policies.

Minor in Consumption of Alcohol

Texas Alcoholic Beverage Code § 106.04 generally prohibits a minor from consuming alcohol unless a statutory exception applies, including consumption in the visible presence of the minor's adult parent, guardian, or spouse.

Like MIP, a first or second minor-consumption offense is generally a Class C misdemeanor and may carry additional statutory requirements.

The circumstances surrounding the allegation still matter. Evidence about where the alcohol came from, who witnessed the consumption, whether an exception applies, and how law enforcement identified the alleged substance can affect the case.

Fake IDs and Misrepresentation of Age

Using a fake ID to obtain alcohol can create a separate legal problem.

Texas Alcoholic Beverage Code § 106.07 prohibits a minor from falsely stating that they are 21 or older or presenting documentation indicating that they are 21 or older to someone engaged in selling or serving alcoholic beverages.

Fake-ID cases can be particularly dangerous for college students because the incident may lead to both a criminal or alcohol-related proceeding and a separate university disciplinary matter.

Depending on what identification was allegedly possessed or used and how it was obtained, other Texas laws may also come into play.

Public Intoxication in Austin

Under Texas Penal Code § 49.02, public intoxication occurs when a person appears in a public place while intoxicated to the degree that the person may endanger themselves or another person.

The offense is generally a Class C misdemeanor. Importantly, simply consuming alcohol or appearing intoxicated in public does not by itself establish every element of public intoxication. The state must establish the statutory endangerment requirement.

Public intoxication arrests and citations commonly arise around Austin's nightlife and entertainment areas, sporting events, concerts, and other places where large groups gather.

Furnishing Alcohol to a Minor

Texas Alcoholic Beverage Code § 106.06 generally prohibits purchasing or giving alcohol to a minor or making alcohol available to a minor, subject to a few limited statutory exceptions.

These allegations can arise from house parties, fraternity or social events, gatherings involving older and younger students, and situations where police believe an adult provided access to alcohol.

Making alcohol available to a minor is generally a Class A misdemeanor, making it considerably more serious than many of the Class C offenses contained in Chapter 106.

The offense can become a state jail felony if the minor's consumption of the alcohol results in another person suffering serious bodily injury or death.

Can an Austin College Student Face School Discipline for an Alcohol Offense?

Potentially. The stakes can be higher for Austin-area college students after an arrest. A criminal charge or alcohol citation and a university disciplinary proceeding are separate matters. An incident involving alcohol may be reported to a school even when the alleged conduct occurred away from campus.

Students should be particularly careful about making statements during a school investigation while a criminal case or citation remains unresolved. Information provided in one proceeding may become relevant to the other.

How Can an Austin Alcohol Defense Lawyer Help?

Depending on the allegation, an Austin alcohol defense attorney can review how the case began, what evidence law enforcement collected, whether the State can prove each element, and what defenses or statutory exceptions may apply. For college students, the defense may also include considering how decisions made during a university disciplinary proceeding could affect the criminal case.

This can include:

Whether police had lawful grounds for a stop, detention, or search
Body-camera and surveillance footage
Whether the state can prove possession or consumption
Whether a statutory exception applies
Witness statements and conflicting accounts
The validity or alleged use of identification
Field sobriety testing
Breath or blood testing
Whether the evidence establishes intoxication or endangerment
Whether prosecutors can prove every required element of the offense

The appropriate strategy depends on the charge and evidence. Potential outcomes may include dismissal, reduction, diversion or another negotiated resolution, or taking the case to trial when appropriate.

Why Choose Michael & Associates for an Austin Alcohol Charge?

Some firms take on as many clients as possible and encourage quick plea deals so they can keep churning cases. That’s not how we operate at Michael & Associates. We limit the number of cases we accept, ensuring that we always have the time to make you our priority. Our No. 1 goal is to secure the best possible outcome for every client.

And while your attorney will live and work in the Austin area, giving them firsthand familiarity with the local courts and procedures, they'll have the full support of our entire U.S. team, which includes three attorneys certified in Criminal Law by the Texas Board of Legal Specialization and two attorneys who have completed advanced forensic training through the American Chemical Society’s Chemistry and the Law Division (ACS-CHAL), strengthening our ability to scrutinize blood, breath, and other forensic evidence.

When you hire Michael & Associates, we charge a flat rate based on the complexity of your case, which we will disclose during your free consultation. That fee includes:

Immediate case review and investigation
Scrutiny of arrest procedures and evidence handling
Challenges to search and seizure legality
Identification of mishandling of evidence or procedural errors
Defense strategies tailored to your specific circumstances
Aggressive negotiation with prosecutors for reduced charges or probation
Trial-ready defense: We're prepped and ready to take your case to trial when needed — no bluffing, just fearless advocacy
We treat you like family, not a case number

We’re exceptionally proud to be recognized as Best Law Firm in the 2026 Best of ATX Awards, sponsored by the Austin American-Statesman and Austin Monthly. The recognition reflects the support Michael & Associates received from Austin-area voters and the firm’s commitment to experienced, client-focused criminal defense.

Austin Alcohol Treatment and Recovery Resources

RecoveryATX: An Austin recovery community organization offering cost-free peer support, recovery coaching, education, support groups, and community programs for people seeking or maintaining recovery.
Bee Cave Recovery: An Austin-area nonprofit treatment organization providing services including intensive outpatient treatment, aftercare groups, individual counseling, family counseling, and recovery support for alcohol and substance-use problems.
Suburban Alcoholic Foundation: An Austin 501(c)(3) nonprofit that provides a permanent home for Alcoholics Anonymous meetings through the Northland Group, with in-person and online meetings available throughout the week.
Center for Students in Recovery: UT Austin’s Center provides a recovery community specifically for UT students.

Talk With an Austin Alcohol Offenses Lawyer

If you or your child has been accused of an alcohol-related offense in Austin or Travis County, contact Michael & Associates Criminal Defense Attorneys for a free case review. An experienced Austin defense attorney can explain the charge, identify immediate deadlines, evaluate the evidence, and help determine the best way to protect your record and future.