Legal Question in DUI Law in Texas

There are two references in the Texas Alcoholic Beverage Code:

Sec.106.04. CONSUMPTION OF ALCOHOL BY A MINOR

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

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

� 106.06. PURCHASE OF ALCOHOL FOR A MINOR; FURNISHING ALCOHOL TO A MINOR.

(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.

Most restuarants will not sell an alcoholic beverage to be consumed by a minor even in the presence of their parent, and this is up to the restuarant.

I have thought, especially of late, that some time we are going to see a charge of injury to a child or endangering a child or a charge against some similar statute against a parent who gives alcohol to their child.