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

[Lechez]

I am 16 years old and last Friday I was at a party that got busted by the cops. I was the one that answered the door to the cops and i had a beer in my hands when I opened it. Because they saw me with the beer, I was the only person given a citation. I was given an MIP and I was wondering what are the maximum and minimum penalties in Texas. If it is a city ordinance or something then I live in El Paso in El Paso county, if that helps. Thanks.

 

[Michael Wechsler]

The violation and penalties for a Minor in Possession in Texas are as follows:

§ 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


§ 106.071. Punishment for Alcohol-Related Offense by Minor
(a) This section applies to an offense under Section 106.02, 106.025, 106.04, 106.05, or 106.07.
(b) Except as provided by Subsection (c), an offense to which this section applies 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 to which this section applies, the offense is punishable by:
(1) a fine of not less than $250 or more than $2,000;
(2) confinement in jail for a term not to exceed 180 days; or
(3) both the fine and confinement.
(d) In addition to any fine and any order issued under Section 106.115:
(1) the court shall order a minor placed on deferred disposition for or convicted of an offense to which this section applies to perform community service for:
(A) not less than eight or more than 12 hours, if the minor has not been previously convicted of an offense to which this section applies; or
(B) not less than 20 or more than 40 hours, if the minor has been previously convicted once of an offense to which this section applies; and
(2) the court shall order the Department of Public Safety to suspend the driver's license or permit of a minor convicted of an offense to which this section applies or, if the minor does not have a driver's license or permit, to deny the issuance of a driver's license or permit for:
(A) 30 days, if the minor has not been previously convicted of an offense to which this section applies;
(B) 60 days, if the minor has been previously convicted once of an offense to which this section applies; or
(C) 180 days, if the minor has been previously convicted twice or more of an offense to which this section applies.
(e) Community service ordered under this section must be related to education about or prevention of misuse of alcohol if programs or services providing that education are available in the community in which the court is located. If programs or services providing that education are not available, the court may order community service that it considers appropriate for rehabilitative purposes.
(f) For the purpose of determining whether a minor has been previously convicted of an offense to which this section applies:
(1) an adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered a conviction 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.
(g) In this section, "child" has the meaning assigned by Section 51.02, Family Code.
(h) A driver's license suspension under this section takes effect on the 11th day after the date the minor is convicted.
(i) A defendant who is not a child and who has been previously convicted at least twice of an offense to which this section applies is not eligible to receive a deferral of final disposition of a subsequent offense.

 

[Lechez]

What should I do?

Ok, Now that I understand that, I have another question. I have two choices of what to do. I can either go to court and get my punishment or, there is a lawyer in El Paso who takes care of tickets for people. For an MIP he charges $200, but I never have to go to court. I think what he does is just keeps rescheduling the court dates until they drop the charge, but he doesnt guarentee anything. I was wondering if you think that I should go and take my punishment, or go pay this guy and risk the chance of it not working. The thing is, if it does work then I only pay $200 and the MIP gets stricken of my record. What do you think I should do?

 

[Michael Wechsler]

Nobody can tell you what to choose. He'll have to make a court appearance once the date is final on the calendar and you may be glad if he is there in the event the delay tactic doesn't work. If you think that you will be dead in the water then perhaps you can try the delay tactic and hope that on the court date the case will be dismissed. Your decision whether to roll the dice...

 

[sniggles85]

MIP - Texas

I have a 17 year old son who reeived a MIP. This is his first offense. He has not had any other tickets except for a speeding ticket a year ago. We have to appear in front of the Judge, should we take a lawyer with us? They have the bottle that he had with him at the time that he received the citation.

 

[cmcbishop]

Minor in possession laws in Texas.

We had an incident in our town where 25 underage kids were at a party without parents and there was alcohol. The party was busted and all the kids, even the ones who had not been drinking and were no where near alcohol or seen with alcohol were given MIP's. I have looked at the law and can not determine what the burden of proof is. No breathalizers were given. Just concerned about the ramifications for those not involved. Not saying they made a great choice of parties, however it is a record.