Texas Minor in Possession (MIP) or Consumption (MIC) of Alcohol Charges and DUI arrests can ruin your permanent criminal record if not handled properly.
P1 Lawyer | Defense Attorney for Minors
The Peveto Law Office provides serious legal defense for individuals under 21 facing Minor in Possession of Alcohol, Minor in Consumption of Alcohol, and Minor DUI charges in Dallas, Richardson, Plano, and Frisco. This includes those who were arrested for MIP, MIC, or DUI, as well as those who just received a ticket for Minor in Possession or Consumption.
Either way, you have been charged with a Texas criminal offense and need to seriously consider your legal options before deciding to just pay the ticket or go to court and ask for deferred adjudication. Even deferred adjudication counts as a conviction under the new laws. Call us today for a free consultation. We would be happy to discuss your options with you.
Minors and Alcohol - Texas Underage Drinking Laws
In the past few years, Texas lawmakers have drastically increased the penalties for underage drinking. What used to be a slap on the wrist is now treated as a serious criminal matter (with possible jail time on a third offense). Further, in this 2011 economy, cities and towns are looking to increase revenue. One way to do this is to issue more tickets to minors for alcohol related offenses. At Peveto Law, we provide serious legal defense for minors charged with underage drinking offenses such as: MIP (Minor in Possession), MIC, (Minor in Consumption), and DUI by a Minor. We have a long track record of providing quality defense for minors. Depending on the Court, we may be able to get the charges dismissed. The new Texas underage drinking laws mean that, if you are under the age of 21, you cannot afford to start accumulating alcohol violations – even if the judge grants you deferred adjudication.” Since September of 2007, there are new increased penalty levels, license suspensions, community service hours, and fine amounts for minors – and even harsher penalties for minors convicted of more than one alcohol-related offense before turning 21.
Minor in Possession of Alcohol (MIP) in Texas
Since September of 2007, Texas has been cracking down on underage drinking violations such as possession of alcohol by a minor. Enforcement has gotton tougher and the penalties for repeat offenders - that is, minors that get multiple alcohol-related offense before reaching 21 - have gotton much stiffer. Jail time, large fines, and aconviction for a Class B misdemeanor that remains on your permanent record are all possibilities. Even first time offenders risk having their driver's license suspended. The Texas MIP Law reads as follows:
Sec. 106.05. POSSESSION OF ALCOHOL BY A MINOR
(a) Except as provided in Subsection (b) of this section, a minor commits an offense if he possesses an alcoholic beverage.
(b) A minor may possess an alcoholic beverage:
(1) while in the course and scope of the minor's employment if the minor is an employee of a licensee or permittee and the employment is not prohibited by this code
(2) if the minor is in the visible presence of his adult parent, guardian, or spouse, or other adult to whom the minor has been committed by a court or
(3) if the minor is under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code.
(c) An offense under this section is punishable as provided by Section 106.071.
Texas Minor in Consumption of Alcohol (MIC) Charges
At the Law Offices of Andrew S Peveto, we routinely defend those under 21 years of age who are arrested and/or receive a minor in consumption of alcohol ticket in Texas. Either way, you have been charged with Consumption of Alcohol by a Minor and you need to seriously consider your legal options, your age, and the realities of your social life before opting to pay the fine or go to court and ask for deferred adjudication. Why? Because even deferred adjudication counts as a conviction under the new laws (see below), and if you can see yourself even being in the same room as alcohol again before turning 21 you need to consider fighting this one.
The Law - Minor in Consumption of Alcohol (Texas ABC 106.04)
(a) A minor commits an offense if he consumes an alcoholic beverage.
(b) It is an affirmative defense to prosecution under this section that the alcoholic beverage was consumed in the visible presence of the minor's adult parent, guardian, or spouse.
(c) An offense under this section is punishable as provided by Section 106.071.
(d) A minor who commits an offense under this section and who has been previously convicted twice or more of offenses under this section is not eligible for deferred disposition. For the purposes of this subsection:
(1) an adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered a conviction of an offense under this section; and
(2) an order of deferred disposition for an offense alleged under this section is considered a conviction of an offense under this section (Minor in Consumption of Alcohol).
Minor Driving Under the Influence of Alcohol (DUI) Charges in Texas
Being arrested for DUI in the Dallas area can be traumatic experience, especially if you end up spending the night in jail. However, the long-term consequences are what can be most damaging because, under the new Texas laws, multiple alcohol related arrests as a minor can lead to jail time and a permanent criminal record that can not be erased when you turn 21.
Texas Driving Under the Influence (DUI) by a Minor - Alcoholic Beverage Code 106.041.
(a) A minor commits an offense if the minor operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor's system.
(b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor.
(c) If it is shown at the trial of the defendant that the defendant is a minor who is not a child and who has been previously convicted at least twice of an offense under this section, the offense is punishable by:
(1) a fine of not less than $500 or more than $2,000;
(2) confinement in jail for a term not to exceed 180 days; or
(3) both the fine and confinement.