Possession or Consumption of Alcohol by Minor Lawyer

Possession or Consumption of Alcohol by Minor in Austin

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Possession or Consumption of Alcohol by Minor

What is Possession of Alcohol by Minor (MIP) or Minor in Consumption (MIC)?

Possession or Consumption of Alcohol by Minor is an offense where a person under the age of 21 possesses or consumes alcohol.

For Minor in Possession on Alcohol (MIP), the person need not have consumed the alcohol or be intoxicated; it is enough to merely possess the alcohol.

For Consumption of Alcohol by a Minor (MIC) is where a person under 21 years of age ingests or drinks an alcoholic beverage. The minor need not be drunk or intoxicated.

What makes MIC and MIP illegal?

The Texas Alcoholic Beverage Code Sec. 106.05. POSSESSION OF ALCOHOL BY A MINOR makes it illegal for a person under 21 to possess or have control over alcohol or alcoholic beverages.

Likewise, the Texas Alcoholic Beverage Code Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR makes it illegal when a minor consumes an alcoholic beverage.

What are the Punishments?

For individuals arrested for Possession of Alcohol by a Minor, the offense is considered a Class C Misdemeanor, punishable by fines of up to $500, along with the potential to Suspend a Driver's License or Delay the ability to obtain one. For repeat offenders, who have been previously convicted at least twice of an offense to which this section applies, the offense is punishable by: (1) a fine of not less than $250 or more than $2,000;(2) confinement in jail for a term not to exceed 180 days; or (3) both the fine and confinement.

For individuals arrested for Consumption of Alcohol by a Minor, the offense is considered a Class C Misdemeanor, punishable by fines of up to $500, along with the potential to Suspend a Driver's License or Delay the ability to obtain one. For repeat offenders, who have been previously convicted at least twice of an offense to which this section applies, the offense is punishable by: (1) a fine of not less than $250 or more than $2,000;(2) confinement in jail for a term not to exceed 180 days; or (3) both the fine and confinement.

Common Criminal Cases Involving Possession of Alcohol by a Minor Arrests:

The most common Possession of Alcohol by a Minor arrests are the result of being stopped in a car or dorm room with beer or wine, or being at a party where alcohol is being served. The most common Consumption of Alcohol by a Minor arrests involve curfew violations where officers stop minors on the street or at a party.

Also see:

Underage Purchase of Alcohol by a Minor

What is it?

Underage Purchase of Alcohol by a Minor is a criminal offense prohibiting a person under 21 years of age from purchasing an alcoholic beverage. The individual need not be drunk or even plan on drinking themselves; mere purchase is enough.

What makes it illegal?

The Texas Alcoholic Beverage Code Sec. 106.02. Underage Purchase of Alcohol by a Minor indicates that a person commits an offense if the person is under 21 years of age and the minor purchases an alcoholic beverage.

What are the Punishments?

Same as MIP/MIC above.

Common Criminal Cases Involving Underage Purchase of Alcohol by a Minor Arrests:

The most common Underage Purchase of Alcohol by a Minor arrests are the result of being stopped after purchasing alcohol in a store or bar that is under observation by law enforcement, or where a Minor is stopped in a car or on the street with freshly purchased alcohol.

Be sure to also read about:

  • Underage Drinking Punishments
  • Underage Drinking "Mandatory Alcohol Awareness Class"

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