San Antonio is a city that knows how to celebrate—Fiesta, Spurs games, music festivals, and vibrant nightlife bring people together year-round. But beneath the excitement is a troubling trend that continues to grow: the normalization of underage drinking.
San Antonio’s top DWI lawyer Trey Porter has seen the legal consequences of this firsthand. Each year, more Texas families are blindsided when a child is arrested, cited, or charged for alcohol-related conduct. What many parents don’t realize is that these incidents can carry long-term legal and academic consequences—regardless of age, intent, or criminal history.
The Changing Culture of Youth and Alcohol
Underage drinking isn’t new, but the landscape has changed. Social media and platforms TikTok to Instagram have fueled a culture where alcohol use is not only common—it’s glamorized. Teenagers and young adults are surrounded by messaging that normalizes drinking, often without any discussion of the risks.
According to a 2023 report by the National Institute on Alcohol Abuse and Alcoholism, nearly one in three high school seniors reported drinking alcohol in the past 30 days. Over 14% admitted to binge drinking, defined as consuming five or more drinks in one sitting.
Texas law is clear: individuals under 21 are prohibited from consuming or possessing alcohol. And enforcement is strict, especially in cities like San Antonio where large public events and social gatherings are frequent.
The Most Common Charges — and the Misunderstood Consequences
Most families are unfamiliar with the types of criminal charges minors can face when it comes to alcohol. The most common include:
- Minor in Possession (MIP) – Simply holding or carrying alcohol, even if unopened, is enough for a criminal charge.
- Minor in Consumption (MIC) – Law enforcement can issue a citation or make an arrest if there is reason to believe a minor has consumed alcohol, even without a chemical test.
- DUI (Driving Under the Influence – Minor) – In Texas, any detectable amount of alcohol in a driver under 21 can result in a DUI charge. The legal threshold of 0.08 does not apply to minors.
- Fake ID Violations – Using or possessing a fake identification card is a criminal offense that is often prosecuted alongside other alcohol-related charges.
- DWI (Driving While Intoxicated) – A minor with a blood alcohol concentration of 0.08 or higher will be charged as an adult and face the full weight of Texas DWI laws—up to 1 year in jail for first-time offenders.
A common mistake is assuming these are minor infractions. Many individuals—especially those cited for the first time—believe that simply paying the fine will resolve the matter quickly. In reality, paying the fine results in a criminal conviction. That conviction becomes part of a permanent record and cannot be undone.
Legal Penalties Are Just the Beginning
The legal penalties for MIP, MIC, DUI, and related offenses include:
- Fines up to $500 (or more for repeat offenses)
- Mandatory community service
- Alcohol awareness or education programs
- Driver’s license suspension
- Criminal record creation
Beyond court, the consequences ripple outward:
- College admissions can be denied
- Scholarships can be revoked
- Employment opportunities in licensed professions can be lost
- Travel to countries like Canada may be restricted
- Federal financial aid may be impacted
A 2022 survey of college admissions officers by the American College Counseling Association found that nearly 30% had rejected applicants based on criminal history. Even a single citation can be enough to raise red flags in competitive admissions or scholarship review.
Why Early Legal Help Matters
By the time a citation is issued or an arrest is made, families are already on the back foot. These cases move quickly through the court systems, often before all options have been fully explored.
Paying a ticket may seem like a quick resolution, but it almost always comes at the cost of a conviction. Consulting with a criminal defense attorney early in the process is essential to identifying diversion programs, deferred adjudication options, or even full dismissals that can help protect a young person’s record.
For those who have already been convicted, legal relief is still possible—but limited. Texas law allows for expunction and orders of nondisclosure in certain cases, but eligibility depends on numerous factors, including age at the time of offense, outcome of the case, and time since resolution.
Proactive Prevention Starts at Home
While enforcement is a legal matter, prevention starts long before law enforcement is involved. Open conversations, clear expectations, and awareness of the law can go a long way in steering young people away from risky decisions.
Many teenagers are unaware that:
- They can be arrested without driving a vehicle
- A breathalyzer is not required for a MIC charge
- Fake ID use can lead to jail time
- Even first-time offenders face license suspension
Education and communication can help prevent misunderstandings that lead to criminal charges. And in cases where a mistake has already been made, quick legal intervention can often prevent long-term damage.
Moving Forward with Clarity
Underage drinking is more than just a disciplinary issue—it’s a legal risk with real-world consequences. In a state as strict as Texas, and in a city as vibrant and active as San Antonio, staying informed and proactive is critical.
Trey Porter has built his legal practice on helping individuals and families navigate these exact challenges. Whether it’s defending against a charge or clearing a past conviction, the goal remains the same: protect the future, preserve opportunity, and help people move forward.
Trey Porter is an award-winning criminal defense attorney based in San Antonio, known for his courtroom success and commanding presence in the Texas legal community. As the leader of a high-powered team at Trey Porter Law, he is a respected authority on DWI, DUI, and alcohol-related cases across the state.
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