Yes in Texas, it is legal for a minor to drink alcohol in the presence of their parent, guardian, or adult spouse. Texas is one of the few states that permits alcohol consumption by people under 21 if a parent or legal guardian is physically present at the time of drinking. This rule applies at restaurants, private homes, weddings, and other social gatherings.
However, the law has strict limits. The drink must be given and supervised by the parent (or guardian/spouse) who is with the minor. If the parent is not there, if the minor is only with older siblings, uncles, cousins, or another adult, or if a business chooses not to allow service, the minor cannot legally drink. The parent must be truly present — not outside, not “in the building,” but actively supervising.
So yes, Texas allows underage drinking with parents, but the exception is carefully controlled.
Texas Law: The Family Exception
The legal rule comes from the Texas Alcoholic Beverage Code.
Under Texas law:
A person under 21 may drink alcohol if:
They are with a:
- parent
- legal guardian
- adult spouse
AND
The adult is physically present and supervising.
Not allowed with:
- siblings (even if 21+)
- grandparents (unless they are legal guardians)
- cousins
- friends’ parents
- teachers, coaches, or bosses
⚠ Important: The parent or guardian must actually provide or approve the drink. You cannot take a drink from someone else and just “have your parent nearby.”
Can a Minor Drink With Parents at a Restaurant?
Yes, it is legal in Texas but restaurants have the right to say no. Texas law allows it, but restaurants can refuse service to minors even if parents request it. Many national chains ban under-21 service entirely, while some locally owned restaurants allow it.
It’s legal by state law, but businesses can choose their own policy.
Can a Minor Drink at a Party With Parents Present?
Yes, if the minor’s parent or legal guardian is the one providing the alcohol and supervising in person.
Illegal if:
- A friend’s parent gives permission instead of your own
- The parent is present but not supervising (e.g., asleep in another room)
- Minors drink without their own parent on site
You cannot “transfer permission.” Only your parent/guardian/spouse can legally allow you to drink.
Can Parents Get in Trouble for Allowing Their Kids to Drink?
Yes — the parent still has legal responsibility. Texas does not allow parents to create dangerous conditions with alcohol.
A parent can be charged if:
- the minor becomes intoxicated and harms someone
- the parent serves minors who aren’t their children
- alcohol is served in an unsafe situation (driving, weapons present, disorderly conduct)
- the minor drinks while the parent isn’t actively supervising
A parent can legally allow alcohol, but they cannot allow illegal behavior.
Driving After Drinking (Zero Tolerance)
Even with a parent’s permission to drink, minors cannot drive with alcohol in their system. Texas has a “Zero Tolerance” law for under-21 drivers.
A minor who drank legally with a parent can still be charged with:
- DUI/DWI (if intoxicated)
- DUI (any detectable alcohol) for younger drivers
- Possession of alcohol in a vehicle
Penalties may include:
- license suspension
- fines
- community service
- alcohol education requirements
So yes, a teen can legally taste wine at dinner with parents — but driving afterward is illegal.
What About Alcohol in Public Places?
Even with a parent present, police can intervene if:
- the minor is intoxicated in public
- the situation creates risk to others
- disorderly conduct occurs
Public intoxication laws apply regardless of age.
Final Note
It is legal to drink with your parents in Texas, as long as the minor is directly supervised by their parent, legal guardian, or adult spouse and the alcohol is provided or approved by that adult. Businesses can still refuse service, and zero-tolerance drinking-and-driving laws still apply.
