Legal Question in DUI Law in Texas

Taken from the TABC website: Texas state law does not require that a person over 21 provide any identification to purchase alcohol in Texas. There is nothing in the law that declares specific forms of ID as �valid� for an alcohol purchase.

However, 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 issued by any state, a U.S. passport, a military identification card or any other ID issued by a state or the federal government.

For that reason, since store clerks, wait staff, and bartenders can be held criminally liable for selling alcohol to a minor, they often require a photo ID issued by a governmental agency, to prove that the person really is 21.

A store, bar or restaurant might or might not sell alcohol to a person with an expired driver's license, a foreign passport or other ID. What's acceptable in any establishment is a matter of that establishment's private business policies.

If the patron is obviously over 21, the establishment may not require any ID at all.

SO - if you know that the person is over age, you are safe to serve the person.