Minor in Consumption of Alcohol

Consumption of Alcohol by a Minor (MIC)

Minor in Consumption of Alcohol is where a person under 21 years of age ingests or drinks an alcoholic beverage. No breathalyzer or alcohol tests are required for an officer to charge a minor, and neither are required for a Judge or Jury to convict the minor. The mere consumption, even if minimal, may be enough for the officer to write the citation. Likewise, in Austin or Travis County, it's common for officers to smell alcohol on the breath of a minor at a party, and issue the citation for Consumption of Alcohol by Minor. This offense is almost interchangable with Minor in Possession of Alcohol, and could be charged at the same time as MIC; however in Austin, that practice is rare.

What are Consumption of Alcohol by a Minor Punishments?

For individuals cited for Consumption of Alcohol by a Minor, the offense is considered a Class C Misdemeanor, punishable by fines of up to $500. Due to the Underage Drinking Laws in Texas, a Conviction will Suspend the minor's Driver's License or delay the ability to obtain one. If convicted, the minor must attend and complete a mandatory education class for alcohol awareness, and must complete community service at an anti-alcohol agency or group (organizations that aid those with alcohol issues or alcohol awareness).

What can I expect with a MIP or MIC?

We strive for dismissal of these cases, and often can nogotiate a dismissal even if the prosecutors can prove the case. These cases often come down to the officer's report, which is a preview of what that officer would testify to if called at trial. If the officer listed enough detail in the report to show taht the minor had consumed (any) alcohol, such as smell, bloodshot eyes, stumbling, or the most common admission of drinking, then prosecutors will often insist upon the Alcohol Awareness Class and community service.

Priors and More Information

For minors previously convicted of two underage drinking offense or more, the third is enhanced. The third offense is punishable by fines >$250 up to $2,000, and even has the potential for jail time.


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Sec. 106.04-106.05. CONSUMPTION OF ALCOHOL BY A MINOR.

(a) A minor commits an offense if he consumes or possesses an alcoholic beverage.


Penalties for Minor in Consumtion / Possession
Level of Offense Punishment
Class C Misdemeanor Not Jailable, No more than $500 fines
Class B Misdemeanor Not more than 180 days in a county jail, and/or no more than $2,000 fines

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