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.
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).
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.
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.
The Keates Law Firm has over 14+ Years Experience handling criminal defense cases. Our focus is to try and have the case dismissed against you. We don't even discuss pleas until all legal and negotiation options have been explored in detail.
Our Results Speak for Themselves. Keates Law Firm has a record of dismissals and acquittals in a variety of criminal cases. We are dismissal focused, and we get results.
(a) A minor commits an offense if he consumes or possesses an alcoholic beverage.
|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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