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 interchangeable with Minor in Possession of Alcohol, and could be charged at the same time as MIC; however in Austin, that practice is rare.

There is a separate offense for having alcohol containers rather than drinking it, which is Minor in Possession of Alcohol.

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 some courts require that the community service be done at an anti-alcohol agency or group (organizations that aid those with alcohol issues or alcohol awareness).

You can read the specific Statute and Punishments for Minor in Consumption of Alcohol below.


What You Need To Know

We strive for dismissal of these cases, and often can negotiate 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 that 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 offenses 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.


For more information, please see our FAQs on Underage Drinking below.


Closely Related Offenses

Related areas to Minor in Consumption of Alcohol include tickets and offenses under the umbrella of underage drinking such as Minor in Possession of Alcohol, or minors using a fake identification card, on aMisrepresentation of Age Case.

If you're looking for other offenses that are related to this one, you can see more information below, or click related legal offenses.


Jail Release and Bond for Minor in Consumption of Alcohol

Although it's possible, usually a person charged with Minor in Consumption of Alcohol is not arrested and taken to jail -- at least in Austin. Officers will often issue a citation requiring that person to appear in court by a certain date. Still, in rare situations, Minor in Consumption of Alcohol does result in an arrest. Keates Law Firm can act quickly to assist with a personal bond to release that person. Be sure to read more about Bond, Personal Bonds, and Travis County Jail Releases.


Defenses for Minor in Consumption of Alcohol

Most Minor in Consumption of Alcohol cases involve the claim, by an officer, that a minor was either observed drinking, or had the smell of alcohol on his or her breath. If true, such an observation may limit defenses. But often, officers will arrest a group of people, some of whom are drinking -- and some not. This can especially be true in dorm or college apartment settings, where one roommate is over 21 and others are under 21.

If you'd like to talk in detail about your situation, or if you have questions, contact us for a Free Case Consultation. Keep in mind, Keates Law Firm only practices in Austin and Travis County.


Work with an Experienced Minor in Consumption of Alcohol Attorney

Hiring the right attorney from the beginning is important. Poor legal decisions will have a negative effect upon the case as it progresses. The Keates Law Firm has over 16+ Years Experience handling Minor in Consumption of Alcohol 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.


Call Us to talk about your particular case and situation. It's a 100% Free Phone Consultation with Criminal Defense Attorney Keates. No Sales Pitches, No Hassles. We'll see if we are the right Law Firm for you, and give you a quote. Be sure to check out Keates Law Firm's Reviews and also our past cases and Results.


How We Can Help

Your goal should be Dismissal for any Minor in Consumption of Alcohol charge. A Dismissal will allow a person to later seek an Expunction of a Criminal Record, which is where a Judge Orders the offense records destroyed, including police reports, court records, and prosecutor files.

Keates Law Firm has a track record of dismissals for Minor in Consumption of Alcohol. Most Minor in Consumption of Alcohol cases result in negotiated dismissals, where there's usually a trade-off of community service and a class in exchange for a dismissal -- but not always. The main hurdle is convincing the prosecutor to agree to dismiss the case, and Keates Law Firm has experience in Austin's Travis County courts doing just that.


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The Law in Texas on Minor in Consumption of Alcohol

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

Frequently Asked Questions



What are Possession of Alcohol by a Minor (MIP) Punishments in Austin Texas?
Possession of Alcohol by a Minor, also known an MIP, is a Class C Misdemeanor, punishable by fines of up to $500. But don't let that fool you. 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. Also, if convicted, the minor must attend and complete a mandatory education class for alcohol awareness, and must mandatory complete community service.

Do I need an Attorney for a MIP or MIC ticket in Austin Texas?
No. But at the Class C Level, it often comes down to personal choice, comfortably in talking or negotiating with prosecutor and the Judge on your own, and whether you want to come to court at all. When you hire an attorney, that attorney (usually) does all of that for you , including going to court and negotiating the best possible outcome, which should be a strong focus on dismissal.

Will I lose Financial Aid with an Underage Drinking type offense in Austin Texas?
If convicted, it's possible that a School or University will take action in terms of housing, scholarships, and local financial aid. Some schools may take action upon arrest or receiving a citation.\n\nOnce a citation is received for an Underage Drinking type offense (MIP, MIC, Misrepresentation of Age, etc..), the best bet is to hire an attorney to negotiate a dismissal of the case. That way, there would be no conviction based issues -- since the case was dismissed.

Can I get an MIP Case Dismissed?
In Austin, we can usually negotiate dismissals, 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 that 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. Most courts require fines and court costs, most likely in effort to demonstrate to the minor that there are consequences to actions.

Will I lose my license from an MIP or MIC case in Austin Texas?
Yes, but only if convicted. If the case is dismissed, there is no license suspension.

Is Fake ID or Misrepresentation of Age related to Underage Drinking?
Yes, it's under the umbrella of Underage Drinking tyoe offenses, mainly due to the common usage of fake IDs to get into bars (presumably to drink alcohol). It is treated similarly to MIP, MIC, and even Public Intoxication under 21 years of age.


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