can your legal guardian be present if you are underage but want an alcoholic beverage in texas?

Question

I am 19 but am married to my husband which is 23, If he is present (for example...at a resturaun) am I allwed to have an alcoholic beverage?

NOTE TO PEOPLE!! YES I KNOW IM AN ADULT AND DO NOT HAVE A LEGAL GUARDIAN. I WAS ONLY ASKING! NEVER SAID THIS QUESTION WAS PERSONAL.

WELL IT IS PERSONAL BUT I WAS TRYING TO MAKE A POINT.

and for some of you who said I planned on getting on drunk. READ the question is says "AN" meaning 1.

Answer 1

Your legal guardian can be present whenever he or she wants to be present, whether you want an alcoholic beverage or not. As your legal guardian, that's his or her right in most situations.

Answer 2

Legal guardians are only for children under 18 years old. Once you're 18, you're a legal adult and do not need a guardian.

Now regarding your situation, I think technically it is illegal. However, most restaurants will probably let your situation slide and let your husband purchase an alcoholic beverage on your behalf. However, if something happens, he and the restaurant will bear the brunt of the responsibility. In these situations, the restaurant has to exercise good judgment. One drink with a meal? Probably not a problem and the restaurant isn't going to make a big deal. Shooter after shooter? A restaurant would have to be nuts to allow that to happen. Restaurants tend to be very strict with alcohol because they can lose their liquor license.

One question: if you and your husband are out on a date, shouldn't one of you refrain from drinking so that someone drives home completely sober?

Check with an attorney or a law enforcement official just to make sure. A restaurant manager probably definitively knows as well.

Answer 3

The alcohol laws in Texas are strange--I grew up there. When I was a teenager a waitress served me a Pina Colada when I had ordered a Virgin Pina Colada. I could taste the rum in it and (stupidly) opened my mouth. Anyway, long story short, it was once legal for your parents to buy you drinks. It isn't anymore.

The other thing to address is: Your husband is NOT your legal guardian. You are an adult. You are your guardian.

Answer 4

An underage person cannot be served an alcoholic beverage in a public place (restaurant, bar, etc.) regardless of whether their legal guardian is present or not.

Answer 5

It's tricky. According to TABC they can only serve a person over 21. But, technically they can serve him the drinks & give them to you. It's totally legal in Texas for a guardian to allow a minor to drink under their supervision & doesn't become endangerment unless they are drunk & unsupervised, or are doing something crazy. Cops don't like it though & they can always cause you trouble or find something else you're doing wrong, so resteraunts may give you trouble, but you've been drinking at resteraunts since you were 16 I'm sure.

Answer 6

Legally, according to Texas state law and the TABC, yes. Unfortunately, most of your larger chain restaurants have made it their "company policy" to not sell alcohol to anyone under the age of 21 regardless of which documents they bring with them ( birth certificates, marriage license, etc. ). They're covering their own butts with the TABC ( Texas Alcoholic Beverage Commission ) to avoid losing their liquor licenses and paying a hefty fine.

Your best bet in this situation is to frequent an independantly owned restaurant that will serve you. You'll probably only have to present your documents once.

FYI - None of the people who answered before me know what they're talking about. Not being rude, just stating the facts.

Answer 7

from what i hear an underage can get an alcholic beverage if the legal guardian is present or if you present a marriage license, but the establishment has the right to refuse service to you, and i think most do.

Answer 8

noooo ive been in this exact situation and how it works is...a restaurant used to be able to serve u if ur guardian was with u but....a new law was passed recently that took that right away from restaurants however...if u are out with ur guardian and drinking alcohol (say at a BYOB establishment or personal property) then its totally legal.

Answer 9

They cannot serve alcoholic beverages to anyone underage period! The restaurant/bar would get in trouble and could even lose their alcohol license.

Answer 10

if you are married and your spouse is over 21 you can drink in Texas but you might need a copy of the marriage certificate if they wanna be buttholes