23 Aug 2011
Someone underage who is caught drinking or who is caught with alcohol can be cited for “minor in possession” or “minor in consumption,” which are some of the most common types of alcohol-related citations issued in Texas. In the past few years, Texas has cracked down on this offense harder than ever. College towns like Austin are seeing record numbers of MIP and MIC citations, and police departments have begun setting up more and more “stings” for underage drinking in popular establishments.
Under Section 106.05 of the Texas Alcoholic Beverage Code, a minor in possession is defined as anyone under the age of 21 who is in possession, ownership, or control of an alcoholic beverage. It is considered a class C misdemeanor. Anyone under the age of 21 who attends a bar or nightclub risks an MIP, and it’s not necessary for that person to have consumed any alcohol to be charged. Simply holding a friend’s beer or picking up empty beer cans after a party—or sometimes being in the vicinity or proximity of alcohol enough to where it could be considered in one’s “control” or “possession”—is enough to earn a citation.
The biggest mistake anyone charged with a MIP or MIC can make is to simply plead guilty to the charge and accept the penalties. Although underage drinking is only a class C misdemeanor, pleading guilty to underage possession or consumption of alcohol will result in up to a $500 fine and, in some circumstances, a 30-day suspension of your driver’s license. Furthermore, the conviction will remain on your permanent record, which will negatively impact your ability to get into college or graduate school, to get a job or even to receive approval for a home or car loan.
An experienced Texas underage drinking attorney will fight for you in court and stand up for your rights as an individual. Enlisting the help of a lawyer is the only way to keep your record clean, expunged, and/or sealed. In many cases, with an experienced lawyer the charges for first-time MIP and MIC offenders will be dismissed altogether. Even if you don’t want to go to trial, an underage drinking lawyer can present to you other, more viable options. There’s no need to plead guilty, and it’s not the right thing to do.
If you or anyone you know has been charged with a minor in possession or a minor in consumption, don’t hesitate to call a lawyer today. An underage drinking conviction can stay with you for life.