Possession of Alcohol by a Minor (M.I.P.)

A charge of Minor in Possession (M.I.P.) means that the defendant, being a person under the age of 21 years, has been issued a citation by a police officer or Texas Alcohol Beverage Control Officer for being illegally in possession, ownership, or control of an alcoholic beverage. The principal element of this crime, which must be proven beyond a reasonable doubt, is possession, ownership, or control of an alcoholic beverage.

Minors may face an M.I.P. citation at social gatherings, nightclubs, or while in a vehicle where alcohol is present. A minor can be near alcohol owned by someone else, but they are prohibited from touching, holding, transporting, attempting to purchase, consuming, or having any interaction with alcohol.

The term “constructive possession” refers to scenarios where a minor is considered to be in possession of an alcoholic beverage. For instance, a minor in a car where alcohol is easily accessible to any minor passenger is deemed to be in constructive possession. This includes alcohol located on the car seat, floor, or stored in the trunk of a car driven by a minor who possesses the keys to unlock the trunk.

Constructive possession can also occur in situations such as:

• A minor sitting at a table with several people who are drinking beer from a pitcher with cups scattered around;
• A minor collecting empty beer cans and cups to throw away;
• A minor holding a friend’s beer while the friend is putting on their jacket; or
• A minor using a beer can as a spittoon for tobacco juice.

The Law

V.T.C.A. ALCOHOLIC BEVERAGE CODE

106.05 Possession of Alcohol by a Minor

Texas Alcoholic Beverage Code, Section 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.

This offense is a Class “C” misdemeanor punished by a fine not to exceed $500. However, if a minor has 2 prior convictions, the punishment is a fine of not less than $250 or more than $2,000 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.

Plea Options

Not Guilty Pleas

If you are not guilty of an M.I.P., you can enter a plea of not guilty with the court. The court will set up a meeting between you and the prosecutor, where you can review body cam footage and see if the charges will remain. If charges proceed, you will be set for trial. You can bring witnesses, evidence, and other materials to prove your innocence. If found not guilty, the case will be dismissed. Otherwise, a conviction will be entered on your record.

Guilty Pleas

If you are guilty of M.I.P., you may enter a plea of no contest or guilty. You’ll pay the fine and a conviction will be entered onto your record. Note: this may remain on your record permanently and affect your driver’s license.

Deferred Disposition

A judge has the authority to defer proceedings, avoiding an immediate adjudication of guilt, and place you on probation for a period not exceeding 180 days. Upon completion of the deferral period, if you provide evidence of compliance with the Court’s requirements, the judge will dismiss the M.I.P. complaint and record in the docket that there is no final conviction. However, any subsequent M.I.P. will result in enhanced punishment.

Typically, the judge will approve Deferred Disposition, mandating six months of probation, community service, participation in an alcohol education workshop, and payment of court costs. This approach emphasizes rehabilitation and education, aiming to prevent future M.I.P. violations.

Even if you are guilty of an M.I.P.

, you can request deferred disposition when making your plea. This asks the judge to defer – or put off – an immediate adjudication of guilt until you complete certain requirements, like paying a fine, completing community service hours and/or an alcohol awareness course, and staying citation-free during a six-month probationary period. Typically, a judge will approve deferred disposition. For most offenses, once the probationary period is over and the requirements are completed, the charge or citation can be completely removed from your record (see Expunctions).