The Consequences of a Minor in Possession (MIP) Charge in College Station

What is a Minor in Possession (MIP) Charge?

Possession of alcohol by a minor, more commonly referred to as minor in possession (MIP) in Texas, is an offense under the Texas Alcoholic Beverage Code that makes it illegal for individuals under the age of 21 to have alcoholic beverages.

It is illegal for anyone under the age of 21 to purchase, drink, or possess alcoholic beverages. This state law remains in effect regardless of the status of marriage or emancipation by the courts. Texas laws prohibit minors in possession of alcohol, consumption of alcohol by minors, and minors driving under the influence of alcohol.

Young college students charged with these criminal offenses may face severe penalties and non-legal consequences, such as endangerment to their educational pursuits, housing difficulties, and employment issues. Depending on the case’s particulars, the defendant may also face a suspension of their driver’s license.

The accused must retain professional legal counsel from experienced criminal defense lawyers if charged with MIP. Contact our Texas law firm for a free case evaluation.

What is the Difference Between Actual and Constructive Possession?

The possession of alcohol is categorized into two different types of possession classifications.

Actual possession relates to instances where alcohol is discovered by law enforcement officers either directly or immediately within a person’s possession. For example, actual possession applies when police officers find an alcoholic beverage in an individual’s hand or witness them drinking from an alcoholic beverage bottle.

Constructive possession refers to an individual deemed to have control of alcoholic beverages but not necessarily having physical control or actual possession of those beverages. This type of possession typically applies when law enforcement personnel discover alcohol in a shared common space and believe that a young person could have been indulging in alcoholic beverages. For example, constructive possession may include law enforcement finding a minor holding or preparing to dispose of empty alcoholic containers, minors sitting at a table with alcohol within reach, open alcohol containers in a shared motor vehicle, and alcohol in a shared home.

What Are the Legal Penalties for Consumption of Alcohol by a Minor?

In Texas, minors who are caught consuming, purchasing, or attempting to drink alcohol could face serious underage drinking charges.

Consumption of alcohol by a minor is a Class C misdemeanor offense in Texas. Potential penalties include mandatory participation in an alcohol awareness class, suspension of driver’s licenses ranging between 30 to 180 days, and eight to 40 hours of community service.

Repeat offenders may face additional or significantly increased penalties. Repeat offenders over the age of 17 could additionally face 180 days in county jail, fines ranging between $250 and $2,000, and driver’s license suspensions for up to one year.

Are There Exceptions to the Underage Possession of Alcohol Charge?

Many people do not fully understand what MIP charges entail. They may be unaware of the instances where minors could be legally able to possess alcohol.

The Texas Alcoholic Beverage Code identifies the following exceptions where a minor could legally possess alcohol:

• Minors who are employed by individuals or entities that are licensed or permitted to sell or distribute alcohol are allowed to handle alcohol in certain limited circumstances
• Minors who are in the visible presence of adults or legal guardians may be exempt from MIP charges, particularly for constructive possession instances
• When minors are provided with alcohol as an exception for coursework, such as instances where students may be engaged in official tasting under the supervision of faculty staff, they may be exempt
• Minors who seek emergency medical assistance for potential alcohol overdoses of either themselves or other people may be exceptions to the rule

What Happens to a Minor Charged with Driving While Intoxicated?

The state of Texas has zero-tolerance policies that relate to minors charged with driving under the influence. Suppose a minor is driving a motor vehicle and found to have any detectable amount of alcohol in their system. In that case, they will be driving under the influence of alcohol by a minor (DUIA by a minor).

Minor-aged drivers could be found guilty of driving while intoxicated with a blood alcohol content level as low as 0.02%. Consuming even half of a beer bottle may be enough to cause an individual to be charged.

If breath tests or DNA tests reveal alcohol in a minor’s system, their driver’s license could be suspended on a first offense, with longer suspensions for second and third-time offenses. Additionally, those convicted of driving under the influence of alcohol while minors may be ordered to take alcohol awareness classes, perform community service, and potentially face other penalties.

Schedule a Free Consultation with Our Texas Crime Lawyers Today

If you or a young family member have been charged with minor in possession, you must seek professional legal counsel to defend your legal rights. Our law firm has extensive experience representing college students accused of various criminal offenses, including minor in possession charges. As your legal representatives, our lawyers will consider all strategies and legal options available to defend your case and see charges dropped or reduced.

It’s important to understand that these charges, though relatively minor compared to certain felonies, can still have a long-lasting impact on a young person’s life. Do not underestimate the severity of a criminal conviction, even for a Class C misdemeanor. Seek professional legal representation to defend your rights in any criminal matter.

To learn more about the benefits of retaining our legal services, please schedule a free, no-obligation case evaluation with our legal staff today.

Call us at 979-596-6843. We look forward to speaking with you.