Alcohol & Drugs: MIP, MIC, Intoxication MIP in Texas

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cpz_

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My brother was in a car with two of his friends, he was in the back seat. There was a beer in the floorboard of the car where he was sitting. He had not consumed any and passed the breathlyzer test. All three got tickets for MIP. The question is can he get an MIP even though he was not physically touching it.
 
As far as I know, you can get a MIP as long as you are within an arms reach of alcohol. And I would assume that you can get one if a beer is in the car with you too. But Im no expert on this stuff.
 
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