Austin Minor in Consumption Lawyer

Minor in Consumption of Alcohol: Overview

A charge of Minor in Consumption, also known as an MIC, is a Class “C” misdemeanor. The charge means that minor, who in this case is a person under the age of 21, was given a citation for consuming an alcoholic beverage.  Unlike an MIP, possession is not enough. A prosecutor must prove that the minor has actually consumed the beverage. This crime does not apply if an individual is within visible presence of and have the consent of their adult parent, legal guardian, or spouse.

Minor in Consumption of Alcohol: The Law

TEXAS ALCOHOLIC BEVERAGE CODE § 106.04.
CONSUMPTION OF ALCOHOL BY A MINOR.

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

(b) It is an affirmative defense to prosecution under this section that the alcoholic beverage was consumed in the visible presence of the minor's adult parent, guardian, or spouse.

(c) An offense under this section is punishable as provided by Section 106.071.

(d) A minor who commits an offense under this section and who has been previously convicted twice or more of offenses under this section is not eligible for deferred disposition. For the purposes of this subsection:

(1)  an adjudication under Title 3, Family Code,  that the minor engaged in conduct described by this section is considered a conviction of an offense under this section and

(2) an order of deferred disposition for an offense alleged under this section is considered a conviction of an offense under this section.

Explanation of MIC Law

Texas Alcoholic Beverage Code, Sec. 106.04 provides that a minor (a person under the age of 21 years) commits this offense if he consumes an alcoholic beverage outside the visible presence of the minor's adult parent, guardian, or spouse. Consumption is fairly easy to recognize by a police officer, often stemming from the mere smell of alcohol on a minor's breath or person.

Punishment Ranges

MIC is a Class "C" misdemeanor punished by a fine not to exceed $500.00. However, if a minor has 2 or more prior convictions, the punishment is a fine of not less than $250.00 or more than $2,000.00 and/or confinement in jail for a term not to exceed 6 months.

The court shall order a convicted minor to perform community service for not less than 8 or more than 12 hours. However, if he has a prior conviction, the community service is not less than 20 hours or more than 40 hours.

The court shall order the Department of Public Safety to suspend the minor’s driver’s license or permit or, if he does not have one, to deny the issuance of one for: 30 days if he has no prior convictions; 60 days if he has one prior conviction; or 6 months if he has 2 prior convictions. For the purpose of determining whether a minor has a prior conviction, an order of deferred adjudication for a prior offense is considered a conviction.

The court shall require a convicted minor who has not been previously convicted to attend an alcohol awareness course approved by the Texas Commission on Alcohol and Drug Abuse. If he has been previously convicted, the court may require him to attend the course.

If you have been ticketed with an MIC, contact Austin MIC lawyer Kevin Bennett. He can help you with all aspects of your case, including expunction.