My 15-year-old has a valid Texas driver learner’s permit. She can drive if an adult is in the car with her. Can my 15-year-old drive me home from a holiday party if I’ve been drinking? I will be in the car with her, but she would do all the driving.
No. This is an illegal and flawed solution to holiday parties and safe travel. Texas law expects supervisors of drivers with learner’s permits to be sober. Texas Transportation Code § 521.222 states the supervising adult must not be intoxicated. The same code section also states that a learner’s permit holder must be accompanied in the car by someone that is at least 21 years old, holds a valid driver’s license, has at least one year of driving experience, and occupies the seat beside the driver.
The last requirement is important. The law could have just said the adult driver must “be present”; instead, the law says you must occupy the adjacent seat. This implies active supervision and the ability to intervene if necessary. The supervising driver must be capable of actually supervising, which intoxication would prevent.
Texas law wants the supervising driver to be able to provide clear and immediate instructions. For example, if your daughter was about to run a stop sign, could you as the supervising driver provide quick instructions to stop? If you are impaired, the answer is no, which defeats the entire purpose of supervised driving.
Additionally, there could be other negative legal issues if you were stopped by law enforcement. For example, depending on the circumstances it’s possible you could be charged with a crime (contributing to the delinquency of a minor, child endangerment, etc.).
The better plan is to arrange a sober ride home via a designated driver, rideshare service, or taxi. Your daughter gets to practice her driving another day when you can properly supervise her. Everyone gets home safely without risk and you teach your teenager good judgment about alcohol and driving by modeling it yourself.
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Marrs, Ellis & Hodge LLP, www.mehlaw.com.
The material in this column is for informational purposes only. It does not constitute, nor is it a substitute for, legal advice. For advice on your specific facts and circumstances, consult a licensed attorney. You may wish to contact the Lawyer Referral Service of Central Texas, a nonprofit public service of the Austin Bar Association, at 512-472-8303 or www.austinlrs.com.
This article appears in December 5 • 2025.