Last Updated on June 6, 2025 by Beltz Law Group
Criminal Defense Attorney
For anyone under the age of 21 in Texas, navigating the complexities of alcohol laws can be daunting. One of the most common charges faced by minors is Minor in Possession (MIP) of Alcohol, a serious offense with potential consequences that extend far beyond a simple fine. At Beltz Law Group, we understand the anxieties and challenges that come with an MIP charge, and we are dedicated to providing robust legal defense for minors and their families.
What is Minor in Possession (MIP) of Alcohol in Texas?
Under Texas Alcoholic Beverage Code § 106.05, a minor commits an offense if they “possess an alcoholic beverage.” In Texas, a “minor” is defined as any person under 21 years of age.
It’s important to understand what “possession” entails. It doesn’t necessarily mean actively drinking the alcohol. Simply having an alcoholic beverage on your person, in your vehicle, or even in your immediate control can lead to an MIP charge. This could include:
- Holding a beer can or bottle.
- Having an alcoholic drink in your cup at a party.
- Alcohol being found in your car, even if you weren’t drinking it.
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- Attempting to purchase alcohol.
Penalties for an MIP in Texas
Minor In Possession of Alcohol
An MIP charge is typically classified as a Class C Misdemeanor for a first offense. While it doesn’t usually involve jail time, the penalties can still be significant and have lasting effects:
- Fines: Up to $500 for a first offense. Subsequent offenses can lead to higher fines, potentially up to $2,000 for a third or more.
- Driver’s License Suspension: For a first offense, a minor’s driver’s license can be suspended for 30 days. This increases to 60 days for a second offense and 180 days for a third or more. If the minor doesn’t have a license, issuance can be denied for the same periods.
- Community Service: Courts typically order 8 to 12 hours of community service for a first offense, and 20 to 40 hours for subsequent offenses. This community service is usually related to alcohol education, rehabilitation, or prevention.
- Alcohol Awareness Course: Minors are often required to attend an approved alcohol awareness course. Failure to complete this course can lead to additional license suspension.
- Criminal Record: A conviction for MIP creates a criminal record, which can impact future opportunities such as:
- College admissions and scholarships.
- Employment opportunities.
- Professional licensing.
- Housing applications.
- Enhanced Penalties for Repeat Offenders: For minors with prior convictions, the penalties escalate significantly, including potentially larger fines and longer license suspensions. If a minor who is 17 or older has two or more prior convictions, they could face jail time up to 180 days for a third offense.
Key Exceptions to MIP Charges
MIP Charge in Texas
Texas law does provide for certain exceptions where a minor may legally possess alcohol:
- Visible Presence of a Parent, Guardian, or Spouse (21+): A minor can possess alcohol if they are in the visible presence of their adult parent, legal guardian, or spouse who is 21 years of age or older.
- Employment: If the minor is employed by a licensed or permitted establishment and the possession of alcohol is within the course and scope of their employment (e.g., serving alcohol as a waiter).
- Under Law Enforcement Supervision: If the minor is under the immediate supervision of a commissioned peace officer engaged in enforcing alcohol beverage code provisions (e.g., a “sting” operation).
- Emergency Medical Assistance: A minor who requests emergency medical assistance for a possible alcohol overdose (either for themselves or another person) may have a defense if they were the first to call for help, remained on the scene, and cooperated with medical and law enforcement personnel.
- Reporting Sexual Assault: A minor who reports a sexual assault (either as a victim or a witness) may have a defense to an MIP charge if the violation occurred at the time of the sexual assault and they reported it to a healthcare provider, law enforcement, or Title IX coordinator.
How Beltz Law Group Can Defend Your MIP Case
Attorney Jeffrey Beltz
A Minor in Possession charge is not something to take lightly. While it may seem like a minor offense, the repercussions can follow a young person for years. At Beltz Law Group, we are committed to providing aggressive and effective defense strategies for minors facing MIP charges.
Our experienced legal team, led by Jeffrey Beltz, will:
- Thoroughly Investigate the Arrest: We will review all evidence, including police reports, witness statements, and any video footage, to identify potential weaknesses in the prosecution’s case. We’ll examine how the stop was conducted, whether proper procedures were followed, and if there’s any doubt about “possession.”
- Challenge “Possession”: We will scrutinize whether the minor truly had “possession” of the alcohol as defined by law. This can be complex, especially in situations of “constructive possession” where the alcohol wasn’t directly on the minor’s person.
- Assert Applicable Exceptions: If any of the legal exceptions to an MIP charge apply, we will vigorously present them as a defense.
- Negotiate with Prosecutors: We will work to negotiate with the prosecution for a dismissal of charges, a reduction in penalties, or alternative sentencing options like deferred disposition.
- Deferred Disposition: This is often the most favorable outcome for a minor. If granted, the minor agrees to certain conditions (e.g., community service, alcohol awareness course, no further offenses for a set period). Upon successful completion, the charge is dismissed, and no conviction appears on their criminal record. This is crucial for protecting future educational and career opportunities.
- Represent You in Court: If necessary, we will represent you or your child in court, presenting a strong defense and protecting your rights throughout the legal process.
Don’t let a Minor in Possession charge derail a young person’s future. Early intervention by an experienced attorney can significantly improve the outcome of an MIP case. If you or your child has been cited for Minor in Possession of Alcohol in Texas, contact Beltz Law Group today for a confidential consultation. We are here to help you understand your options and fight for the best possible resolution.
