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Austin, Texas 78701

Furnishing Alcohol to a Minor

Although it may seem rather harmless, furnishing or providing alcohol to a minor, minor meaning those under the age of 21 in Texas, is a Class A Misdemeanor and can lead to criminal charges being brought again you. In Austin, furnishing alcohol to a minor is a common charge filed against convenience store clerks and bartenders who do not properly check the identification of someone attempting to purchase alcohol.

Furnishing alcohol to a minor is also a common arrest amongst college students who furnish alcohol to minors at parties, tailgates or other events. If you have been arrested or cited with furnishing alcohol to a minor, you should seek legal help from an experienced criminal defense lawyer.

Austin Furnishing or Selling Alcohol to a Minor Lawyer

If you are confused or unsure how to proceed, please call The Law Office of Kevin Bennett at (512) 476-4626. Kevin Bennett can also help with expunction of criminal records when possible.

The Law Office of Kevin Bennett represents clients charged with furnishing alcohol to a minor in Travis County, including West Campus, Riverside or any neighborhood in Austin, Lakeway, Lago Vista and West Lake Hills.


Furnishing, Purchasing or Selling Alcohol to a Minor in Texas


 

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Purchase of Alcohol or Furnishing Alcohol to a Minor Texas Law

Texas Alcohol and Beverage Code Section 106.06

(a) Except as provided in Subsection (b) of this section, a person commits an offense 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 offense under this section is a Class A misdemeanor.


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Penalties for Purchasing or Furnishing Alcohol to a Minor in Texas in Austin

The penalty for purchasing or furnishing alcohol to a minor in Texas is a Class A Misdemeanor, meaning that you face up to a year in jail and up to a $4,000 fine if convicted for the offense. You also face the automatic suspension of your driver's license for 180 days upon conviction of purchasing or furnishing alcohol to a minor.


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Defenses To Purchasing or Furnishing Alcohol to a Minor

Section 106.06 of the Texas Alcoholic Beverage Code provides that 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.


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Sale of Alcohol to a Minor Law in Texas

Texas Alcohol and Beverage Code Section 106.03

(a)  A person commits an offense if with criminal negligence he sells an alcoholic beverage to a minor.

(b)  A person who sells a minor an alcoholic beverage does not commit an offense if the minor falsely represents himself to be 21 years old or older by displaying an apparently valid proof of identification that contains a physical description and photograph consistent with the minor's appearance, purports to establish that the minor is 21 years of age or older, and was issued by a governmental agency.  The proof of identification may include a driver's license or identification card issued by the Department of Public Safety, a passport, or a military identification card.

(c)  An offense under this section is a Class A misdemeanor.

(d)  Subsection (b) does not apply to a person who accesses electronically readable information under Section 109.61 that identifies a driver's license or identification certificate as invalid.


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Penalties for Selling Alcohol to a Minor in Texas

The penalty for selling alcohol to a minor in Texas is a Class A Misdemeanor, meaning that you face up to a year in jail and up to a $4,000 fine if convicted for the offense. You also face the automatic suspension of your driver's license for 180 days upon conviction of selling alcohol to a minor in Texas.


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Defenses to Selling Alcohol to a Minor

Section 106.03 of the Texas Alcoholic Beverage Code states that a person who sells a minor an alcoholic beverage does not commit an offense if the minor falsely represents himself to be 21 years old or older by displaying an apparently valid proof of identification that contains a physical description and photograph consistent with the minor's appearance, purports to establish that the minor is 21 years of age or older, and was issued by a governmental agency.

The proof of identification may include a driver's license or identification card issued by the Department of Public Safety, a passport, or a military identification card.


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Austin Attorney for Furnishing, Purchasing or Selling Alcohol to a Minor

If you have been arrested, charged or are under investigation for Furnishing Alcohol to a Minor, Purchasing Alcohol for a Minor or Selling Alcohol to a Minor in Travis County, it is essential to the defense of your case that you hire an experienced criminal lawyer to represent you. As a skilled defense attorney in Austin, TX, Kevin Bennett’s goal is to fully investigate every aspect of your case, develop an aggressive and effective defense strategy, and to help you obtain the best possible outcome given the circumstances of your case.

Contact The Law Office of Kevin Bennett at (512) 476-4626 for a consultation to discuss the circumstances of your alcohol-related offense in Austin, Texas.