Minor in Possession & Consumption Attorney

What is 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.


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

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


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What is Possession of Alcohol by a Minor (MIP)?

Minor in Possession of Alcohol is where a person under 21 years of agepossesses or has control over an alcoholic beverage. The minor need not be drunk or even have drank any alcohol. Likewise, the minor need not own the alcohol or have bought it. Mere possession or being in control of the alcohol is enough to be cited and charged with MIC.


What are Consumption of Alcohol by a Minor Punishments?

For individuals arrested for both Possession and 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).


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

What can I expect with a MIP or MIC?

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. Some will want a conviction, while others may be willing, after negotiation, to agree to a dismissal. Most courts require fines and court costs, most likely in effort to demonstrate to the minor that there are consequences to actions.


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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The Keates Law Firm has over 10+ 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. This includes Motions to Suppress, Motions to Exclude Evidence based on Invalid Searches or Miranda Right Violations, and Probable Cause determinations.



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Our Track Record: Recent Keates Law Firm Results

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.

  • Possession of Marijuana: Dismissed
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