Criminal Defense Intoxication Cases
Minor in Possession of Alcohol
Under the Texas Alcoholic Beverage Code § 106.05, it is illegal for a person under 21 years of age to possess an alcoholic beverage. A Minor in Possession (MIP) charge may seem minor, but it can have lasting consequences on a young person's record, driver's license, and future opportunities. Todd Rash understands the stakes for young clients and works aggressively to minimize or eliminate the impact of these charges.
What Counts as Possession?
Possession of alcohol as a minor includes physically holding or carrying an alcoholic beverage, having it in your immediate control, or having it in a vehicle you are driving. You do not need to be drinking. Simply having the beverage in your possession is enough for a charge. There is an exception if the minor is in the visible presence of their adult parent, guardian, or spouse.
Penalties for a First Offense
A first MIP offense is a Class C misdemeanor, punishable by a fine of up to $500, 8 to 12 hours of community service, mandatory attendance at an alcohol awareness course, and a 30-day driver's license suspension. The minor may also be required to complete a deferred disposition program.
Second and Third Offenses
A second MIP offense carries a fine up to $500, 20 to 40 hours of community service, an alcohol awareness course, and a 60-day license suspension. A third or subsequent offense is a Class B misdemeanor, with a fine up to $2,000, up to 180 days in jail, and a 180-day license suspension.
Impact on College and Career
An MIP conviction can affect college admissions, financial aid eligibility, military enlistment, and professional licensing. Many universities require disclosure of criminal convictions. Working with an experienced attorney to seek deferred adjudication or dismissal can protect a young person's future.
Potential Penalties
- › 1st offense: Up to $500 fine, 8–12 hrs community service, 30-day license suspension
- › 2nd offense: Up to $500 fine, 20–40 hrs community service, 60-day license suspension
- › 3rd offense (Class B misdemeanor): Up to $2,000 fine, up to 180 days jail, 180-day license suspension
- › Mandatory alcohol awareness course
- › Possible impact on college financial aid and admissions
Possible Defenses
- › Minor was in the presence of a parent or legal guardian
- › Lack of actual possession or control
- › Unlawful search and seizure
- › Mistaken identity
- › Deferred adjudication eligibility for first-time offenders
Frequently Asked Questions
Facing Minor in Possession of Alcohol charges?
Todd Rash has a proven record defending clients throughout Texas. Call now for a free consultation.
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