Austin Minor in Possession Lawyer

Minor in Possession of Alcohol-Overview

A charge of Possession of Alcohol by a Minor, also known as an MIP, is a Class “C” misdemeanor. The charge means that a minor, who in this case is a person under the age of 21, was given a citation for being illegally in possession, ownership, or control of an alcoholic beverage. The principal issue in most MIP cases, which must be proven beyond a reasonable doubt, is whether you were in possession, ownership, or control of an alcoholic beverage.

Possession of Alcohol by a Minor-The Law

TEXAS ALCOHOLIC BEVERAGE CODE §106.05.
POSSESSION OF ALCOHOL BY A MINOR.

(a) Except as provided in Subsection (b) of this section, a minor commits an offense if he possesses an alcoholic beverage.

(b) A minor may possess an alcoholic beverage:

(1) while in the course and scope of the minor's employment if the minor is an employee of a licensee or permittee and the employment is not prohibited by this code;

(2) if the minor is in the visible presence of his adult parent, guardian, or spouse, or other adult to whom the minor has been committed by a court; or

(3) if the minor is under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code.

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

Explanation of MIP Law

Texas Alcoholic Beverage Code, Sec. 106.05 provides that a minor (a person under the age of 21 years) commits this offense if he possesses an alcoholic beverage. A minor may possess alcohol if he is in the visible presence of his adult (over the age of 21 years) parent, guardian, spouse, or other adult to whom he has been committed by a court. A minor may possess alcohol while in the course and scope of his employment if he is an employee of a license or permittee and the employment is not prohibited by this code.

Texas MIP Punishment Ranges

A Charge of Minor in Possession (MIP) is a Class "C" misdemeanor and can be 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 up to 180 days in jail.

If convicted, the person must perform between 8 and 12 hours of community service. However, if there is a prior conviction, an individual faces between 20 and 40 hours of community service and the possibility of having their driver’s license suspended. The suspension period can range anywhere from 30 to 180 days, depending on the number of prior convictions.

Texas law also requires 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. 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.

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