Underage Drinking

The Texas Tech Police, Lubbock County Sheriff’s Office and Lubbock Police Department have severely cracked down on underage drinking. Often students are not even aware of the severe consequences that a conviction for Minor in Possession, Minor in Consumption or DUI–Minor can have on their future.

We take the defense of Class C, MIP, MIC’s and DUI’s seriously. We believe in providing an aggressive and REAL legal defense for ALL minors who receive a minor in consumption (MIC) charge or Minor in possession (MIP). This includes minors who were actually arrested for MIC/MIP and spent time in jail, as well as minors who just received an MIC/MIP ticket.

Whether you took a ride to jail or not, you have been charged with Consumption of Alcohol by a Minor, or possession of alcohol by a minor and need to seriously consider your legal options, your age, and the realities of your social life before opting to pay the fine or go to court and ask for deferred adjudication. Even deferred adjudication counts as a conviction under the new laws.

Minor in Possession (MIP)

Alcoholic Beverage Code § 106.05 (ABC 106.05)

1. Except as provided in Subsection (b) of this section, a minor commits an offense if he possesses an alcoholic beverage.
2. 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.
3. An offense under this section is punishable as provided by Section 106.071.

Minor in Consumption (MIC)

§ 106.04. Consumption of Alcohol by a Minor (also referred to as ABC 106.04 or ABC 106.4)

1. A minor commits an offense if he consumes an alcoholic beverage.
2. It is an affirmative defense to prosecution under this section that the alcoholic beverage was consumed in the visible presence of the minor’s adult parent, guardian, or spouse.
3. An offense under this section is punishable as provided by Section 106.071.

Public Intoxication (PI)

Texas Penal Code § 49.02

1. A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.
2. It is a defense to prosecution under this section that the alcohol or other substance was administered for therapeutic purposes and as a part of the person’s professional medical treatment by a licensed physician.
3. Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.
4. An offense under this section is not a lesser included offense under Section 49.04.
5. An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies (see below).

DUI-Minor

Alcoholic Beverage Code 106.041. Driving Under the Influence of Alcohol by Minor.

1. A minor commits an offense if the minor operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor’s system.
2. Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor.
3. 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 under this section, the offense is punishable by:
   1. a fine of not less than $500 or more than $2,000;
   2. confinement in jail for a term not to exceed 180 days; or
   3. both the fine and confinement.