Zero tolerance alcohol laws for minors

Key points

1. Under the Alcohol Beverage Code, a minor is anyone under 21.

   Source: Handbook p. 56

   “According to the Texas Alcohol Beverage Code, a minor is any individual who is under 21 years of age.”
   Texas Driver Handbook, Handbook p. 56

2. A minor may not purchase, try to purchase, consume or possess alcohol.

   Source: Handbook p. 56

   “A minor may not purchase, attempt to purchase, consume, or possess an alcoholic beverage.”
   Texas Driver Handbook, Handbook p. 56

3. A minor driving with any detectable alcohol commits the offense of Driving Under the Influence by a Minor, even if not intoxicated.

   Source: Handbook p. 56

   “has any detectable amount of alcohol in his/her system while operating a motor vehicle in a public place or while operating a water- craft, the minor committed the criminal offense of Driving Under the Influence of Alcohol by a Minor”
   Texas Driver Handbook, Handbook p. 56

4. A first non-driving alcohol offense means a fine up to $500, 8 to 12 hours of community service and a 30 day suspension.

   Source: Handbook p. 56

   “1st offense Class C misdemeanor punishable by a fine of up to $500, 8 to 12 hours of community service, mandatory attendance of an alcohol awareness course, and license will be suspended (or privilege denied if not licensed) for 30 days.”
   Texas Driver Handbook, Handbook p. 56

5. A minor who refuses a breath or blood test loses the license for 180 days, or 2 years for later refusals.

   Source: Handbook p. 57

   “1st offense Driver license suspended (or privilege denied if not licensed) for 180 days. 2nd and subsequent offenses Driver license suspended (or privilege denied if not licensed) for 2 years.”
   Texas Driver Handbook, Handbook p. 57

6. A minor whose test shows any detectable alcohol loses the license for 60 days on a first offense.

   Source: Handbook p. 57

   “1st offense Driver license suspended (or privilege denied if not licensed) for 60 days. 2nd offense Driver license suspended (or privilege denied if not licensed) for 120 days.”
   Texas Driver Handbook, Handbook p. 57

7. People who buy for, furnish or sell alcohol to a minor face up to $4,000 and one year in jail.

   Source: Handbook p. 56

   “Persons who purchase, furnish, or sell alcohol to a minor can be fined up to $4,000 and/or confined in jail for up to one year.”
   Texas Driver Handbook, Handbook p. 56

Numbers to know

3 questions from the Texas practice test

1. 1. What alcohol-related conduct does Texas zero tolerance prohibit for a minor?

   1. Purchasing alcohol is allowed if it is not consumed
   2. Possessing alcohol is allowed with a parent present
   3. Consuming alcohol is allowed when the minor is not driving
   4. Purchasing, consuming, or possessing an alcoholic beverage
   Show answer

   Purchasing, consuming, or possessing an alcoholic beverage. Texas says a minor may not purchase, attempt to purchase, consume, or possess an alcoholic beverage. The prohibition covers the conduct itself, so a parent’s presence does not create a general possession exception, and not driving does not make consumption lawful. The 0.08 BAC figure is an adult intoxication reference, not permission for a minor to use alcohol. When reviewing a minor scenario, identify any purchase, consumption, or possession first, then apply the zero-tolerance rule to that conduct.

2. 2. What is the suspension for a minor's first non-driving alcohol offense in Texas?

   1. 30 days
   2. 60 days
   3. 180 days
   4. One year
   Show answer

   30 days. For a first non-driving alcohol offense by a minor, the handbook says the driver license will be suspended for 30 days, or the privilege will be denied if the person is not licensed. The 60-day and 180-day periods belong to later offenses in the table. One year is not the stated period for this first non-driving offense. Distinguish this table from DWI consequences, then identify the offense count before selecting the suspension length.

3. 3. What is the suspension for a third non-driving alcohol offense by a Texas minor aged 17 through 20?

   1. 30 days
   2. 180 days
   3. 60 days
   4. One year
   Show answer

   180 days. For a minor who is at least 17 but less than 21, the third non-driving alcohol offense carries a 180-day driver-license suspension, or denial of the privilege if the person is not licensed. Thirty days is the first-offense period and 60 days is the second-offense period. The one-year choice does not match this table. Read both qualifiers together, the offense count and the age range, because the under-17 third-offense row has a different result.

Source: the Texas Driver Handbook, Chapter 10: Alcohol and Drugs Impact on the Driving Ability. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.