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POSSESSION OF ALCOHOL BY A MINOR (MIP)

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
Plea Options
Deferred Disposition

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 $500.00. However, if a minor has 2 prior convictions, the punishment is a fine of not less than $250.00 or more than $2,000.00 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.

Not Guilty Pleas

If not guilty of M.I.P., enter a plea of not guilty with the court clerk on or prior to your appearance date stated on the ticket. Prepare for your defense at a bench or jury trial. Ask the court clerk to issue subpoenas for those witnesses necessary for your defense. Seek the advice of an attorney prior to trial.

Guilty Pleas

If you are guilty of M.I.P., you may enter a plea of no contest or guilty and ask the court clerk for an uncontested hearing with the judge on the issue of punishment. At the hearing, introduce yourself to the judge and explain that you desire to avoid an M.I.P. conviction on your record. Therefore, you request that the court grant you 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.

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KNOW YOUR RESOURCES

Learn more about the resources available through Student Life, on-campus, and in the community.

Student Life Support
Campus Resources
Community Resources
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