Minor in Possession
What is Minor
in Possession (MIP)?
What is the
Law on MIP?
What is the
Typical Punishment for MIP?
Can I request
Deferred Adjudication/Community Supervision?
What is Minor in Possession
(MIP)
If you are under 21 years of age
and found in possession of an alcoholic beverage you may
be charged with Minor in Possession or M.I.P. Anytime a
minor is near where alcohol
is present, they risk being charged with M.I.P. It is
irrelevant that the minor did not purchase or own the
alcohol. Further it does not matter that the minor did
not consume the alcohol. For example, a minor who is at
a party, restaurant, club, or in a car where alcohol is
accessible and in their possession may face M.I.P.
charges.
It is imperative to hire
an experience attorney to fight the M.I.P. charge
against you or your child. M.I.P. may sound harmless,
but it actually carries with it severe penalties such as
expensive fines, loss of drivers license privileges, and
even the possibility of jail time. Further, a conviction
for M.I.P. will appear on your criminal record. In
today's competitive market, even an M.I.P. can affect
job and education opportunities.
What is the Law on MIP?
A minor commits an offense if he
possesses an alcoholic beverage. Minor in Possession
is a Class C Misdemeanor. It is not an offense for
a minor to possess an alcoholic beverage:
- while
in the course and scope of the minor's employment if
the minor is an employee of a licensee or permitted
and the employment is not prohibited by Texas law;
or
- if the
minor is in the visible presence of his or her adult
parent, guardian, or spouse, or other adult to whom
the minor has been committed by a court; or
- if the
minor is under the immediate supervision of a
commissioned peace officer engaged in enforcing the
provisions of the Alcohol and Beverage Code.
What is the Typical Punishment for MIP?
Fines:
M.I.P. is a class C misdemeanor punishable up to a $500
fine. If the minor has two prior convictions the fine
increases up to $2,000 and confinement in jail for up to
180 days.
Community Service
The court will order community service for not less than
8 hours or more than 12 hours for a first offense. If
the minor has a previous conviction, the court will
order community service for not less than 20 hours or
more that 40 hours.
Classes
The court will order the minor to take an alcohol
awareness class if it is the minors first offense. If it
is a subsequent offense, the court may or may not order
the attendance at such a class.
Drivers License
Suspension
If the minor has a drivers license the court may order
the Texas Department of Public Safety to suspend the
license for 30 days. If the minor does not yet have a
license, the court may order that the issuance of a
drivers license be denied for 30 days.
If the minor has a
drivers license and a prior conviction for M.I.P., the
court will likely order a 60 day suspension. If the
minor has two prior convictions, the court will likely
order a 6 month suspension of the minors drivers
license.
Deferred Adjudication/Community Supervision
If a minor received a deferred disposition on a previous
M.I.P. charge that is considered a prior conviction for
the purposes of this statute.
Can I request Deferred Adjudication/Community
Supervision?
If you
enter into a plea you may be granted a deferred
adjudication. This means that you will be on probation
for a set period of time not to exceed 180 days. The
court will assign certain requirements be met during the
deferral period including, but not limited to community
service and alcohol awareness class attendance. If you
successfully complete the requirements during the
deferral period the M.I.P. will be dismissed. However,
the M.I.P. will remain on your criminal record unless
you petition the court to have the record expunged
and qualify under Texas law.
Gilbert G. Garcia, has practiced Criminal Law since 1978
and has been Board Certified in Criminal Law since 1989.
The Gilbert G. Garcia Law Firm is the logical choice to
represent you in your criminal case, providing the
quality legal services you deserve in your most
important matters.
Free
initial consultations and reasonable fees.
Personal payments plans available and most major credit
cards accepted. Many issues are able to be handled
via e-mail, phone calls and fax and after hours and
weekend appointments are available upon request to meet
the needs of each client.
Conveniently located on the Montgomery County Courthouse
square since 1983.
