Underage Drinking

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.

Punishment for Alcohol-Related Offense by Minor

Alcoholic Beverage Code § 106.071

  1. This section applies to an offense under Section 106.02 (purchase of alcohol by a minor), 106.025 (attempt to purchase alcohol by a minor), 106.04 (MIC – Minor in Consumption), 106.05 (MIP – Minor in possession), or 106.07 (misrepresentation of age by a minor).
  2. Except as provided by Subsection (c), an offense to which this section applies 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 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.
  4. 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.
  5. 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.
  6. In this section: (1) a prior adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered a conviction; and (2) a prior order of deferred disposition for an offense alleged under this section is considered a conviction.
  7. In this section, "child" has the meaning assigned by Section 51.02, Family Code.
  8. A driver's license suspension under this section takes effect on the 11th day after the date the minor is convicted.
  9. 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 deferred disposition or deferred adjudication.
  10. A minor who commits an offense under this section and who has been previously convicted twice or more of offenses under this section is not eligible for deferred disposition. For the purposes of this subsection:
    1. an adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered a conviction of an offense 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.