Being charged with underage possession of alcohol is a serious offense that leaves most people worried about the repercussions it will have on their future.
Many people are unsure what the actual charges mean and do not know who to turn to for help.
Finding the help of a dedicated Abilene criminal defense lawyer will help protect your rights and build a strong defense for your case.
The Law Offices of David M. White provide thorough and dependable defenses for their Texas clients facing underage possession charges. Call our team today at (325) 437-3311 to schedule your free initial consultation.
What Is a Minor in Possession Charge?
Possession of alcohol by a minor, commonly referred to as minor in possession (MIP), is an offense under the Texas Alcoholic Beverage Code, making it illegal for a person under the age of 21 to be in possession of an alcoholic beverage.
The possession of alcohol falls under two types of possession classifications.
Actual Possession
Actual possession applies when alcohol is discovered by law enforcement either directly or immediately within a person’s possession.
This type of possession commonly applies when law enforcement finds an alcoholic beverage in a person’s hand.
Constructive Possession
Constructive possession occurs when a person is deemed to have control of an alcoholic beverage but not necessarily physical control or actual possession.
This type of possession usually applies when law enforcement discovers alcohol in a shared space and believes the person being charged has been or could have been indulging.
Examples of constructive possession include when law enforcement finds
- Alcohol in a shared home
- Alcohol in a shared car
- A minor sitting at a table with alcohol within reach
- A minor holding or preparing to dispose of empty alcohol containers
Contact the Law Offices of David M. White today if you or your minor aged child were arrested for a minor in possession charge. Let us help you protect your rights and build a strong defense.
Exceptions to an Underage Possession of Alcohol Charge
Being charged with possession of alcohol by a minor in Texas is a scary and intimidating experience. Most people do not clearly understand what these charges mean and are unaware of the instances in the legal code where a minor is legally able to be in possession of alcohol.
The Texas Alcoholic Beverage Code identifies the below exceptions when a minor can legally possess alcohol:
- When a minor is employed by a person or business that is licensed or permitted to sell or distribute alcohol
- If a minor is in the visible presence of an adult with whom they are legally committed, such as their parent, guardian, or spouse
- If the underaged person is within the immediate supervision of a law enforcement agent that is enforcing the Texas Alcoholic Beverage Code
- When an alcoholic beverage is legally provided to a minor as an exception for course work, such as in instances when a student is engaging in an official tasting under the supervision of a faculty or staff member of legal age
- The minor sought emergency medical assistance for a potential alcohol overdose of themselves or another person, including if the minor remained on the scene and cooperated with the medical and law enforcement personnel
- A minor-aged person reports an instance of sexual assault against themselves or another person or is the victim of sexual assault that another person reports
Contact the Law Offices of David M. White today to get the help you deserve in building a strong defense against underage possession of alcohol charges in Texas.
Penalties for Underage Possession of Alcohol
Getting arrested and charged with underage possession of alcohol is a terrifying experience that can come with severe consequences if convicted.
The conviction of a first-time offense of possession of alcohol by a minor is a Class C misdemeanor in Texas. A Class C misdemeanor is punishable by a fine of up to $500 and does not entail the serving of any jail time.
A minor is subject to more severe penalties if they were previously convicted for any two minor-related alcohol charges, including the purchase of alcohol, attempt to purchase alcohol, consumption of alcohol, possession of alcohol, or misrepresentation of age.
Potential penalties for a repeat offender include
- A fine between $250 to $2,000
- Confinement in jail for no more than 180 days
- Both a fine between $250 to $2,000 and confinement in jail for no more than 180 days
- The successful completion of an alcohol awareness program or a substance misuse education program
- Suspension of the minor’s driver's license or permit for up to six months or the denial of issuance of a driver’s license or permit
- Performance of required community service hours
Contact the Law Offices of David M. White today if you or your minor aged child were arrested for a minor in possession charge. Let us help you protect your rights and build a strong defense.
Why Choose the Law Offices of David M. White
At the Law Offices of David M. White, choosing our dedicated team of lawyers, is well-versed in helping fellow Texans with their criminal defense cases.
Our team relentlessly works on our clients’ cases to bring them the best results possible, easing the stress that they and their loved ones experience during challenging times.
We are committed to helping our West Texas community by proudly delivering dedicated and compassionate service and assistance with your legal needs. Our team appreciates how crucial your case results are for your future, and we strive to provide unyielding representation and advocacy for you throughout your case.
At the Law Offices of David M. White, we pride ourselves on our ability to provide free initial consultations for all of our clients, serve our Spanish-speaking community with our bilingual staff, understand and empathize with the importance of your case while we provide our legal help, and deliver top-notch service to our clients while keeping their well-being front of mind throughout their case.
Many clients express their appreciation for our help with their cases.
Cheyenne needed help with a general warranty deed and could not get any of the other local law offices to return her calls. Our team returned her call within an hour of her reaching out to us for help, and we were able to resolve her issue within a matter of days. She expressed how happy she was with our services.
Heather exclaimed how wonderful our service and staff were in helping her resolve her traffic ticket issues. She appreciated our upbeat nature, excellent communication, well-versed knowledge of the subject matter, and our ability to provide a personal touch with our services.
Dillon was grateful for how available our team was to answer all of his questions and respond promptly to his emails. He felt his case was safe in our hands and was pleased with how we fought for justice in it. Dillon appreciated how personable we were with him during his case and our comprehension of the legal court system.
What Do I Do If I Was Charged With Underage Possession of Alcohol?
Getting arrested and charged with underage possession of drugs in Texas leaves most people feeling distraught, scared, and overwhelmed. Many people are often unsure of what steps to take to defend themselves against these serious charges properly.
It is imperative to take the proper steps after being arrested and charged with underage possession of alcohol in Texas to help protect your rights and strengthen your defense.
Do Not Accept the Initial Offer
The prosecution team will often intimidate defendants into thinking they need to plead guilty and accept the initial offer from their team. Doing so could put you at a legal disadvantage and increase your penalties.
Work With an Attorney
Starting working with an attorney immediately after getting arrested and charged with underage possession of alcohol in Texas.
Working with a diligent and unyielding legal team will strengthen your defense case and protect your rights during this challenging and complex time.
Why Should I Work With a Lawyer for an Underage Possession of Alcohol Charge?
Most people feel worried, frustrated, and confused after being charged with underage possession of alcohol. They frequently worry about how these charges will harm their future and are unsure of what to do to protect themselves.
Trying to navigate the legal field of your underage possession of alcohol charge without the professional help of a skilled defense lawyer is an overwhelming and confusing experience.
People who try to manage the aftermath of their charge alone often weaken their defense and put themself in a precarious legal situation that could be damaging to their future.
It is vital to have the help of a knowledgeable and well-respected defense lawyer to help you protect your rights and strengthen your case’s defense.
The prosecution team will commonly attempt to intimidate the defendant into thinking they need to accept the initial offer, which often puts the defendant at a severe legal disadvantage.
Working with an assertive and reliable defense lawyer will help protect you from the prosecution’s strategic tactics.
Your trusted legal team will thoroughly examine all areas of your defense, including
- Defining possession - Defining whether your possession charges are actual possession or constructive possession will help strengthen your defense. When an underage possession of alcohol charge is considered constructive possession, an assertive attorney can help prove that the defendant had no involvement in the actual possession of the beverage.
- Determine any potential constitutional violations - Law enforcement may have performed an unlawful search and seizure in your case. A thorough criminal defense attorney will examine the events surrounding your arrest and determine if law enforcement mishandled the situation.
- Establish legal exceptions - A diligent lawyer will identify any legal exceptions that enable you as a minor to be in lawful possession of an alcoholic beverage, including
- When a minor is employed by a person or business that is licensed or permitted to sell or distribute alcohol
- If a minor is in the visible presence of an adult with whom they are legally committed, such as their parent, guardian, or spouse
- If the underaged person is within the immediate supervision of a law enforcement agent that is enforcing the Texas Alcoholic Beverage Code
- When an alcoholic beverage is legally provided to a minor as an exception for course work, such as in instances when a student is engaging in an official tasting under the supervision of a faculty or staff member of legal age
- The minor sought emergency medical assistance for a potential alcohol overdose of themselves or another person, including if the minor remained on the scene and cooperated with the medical and law enforcement personnel
- A minor-aged person reports an instance of sexual assault against themselves or another person or is the victim of sexual assault that another person reports
Your diligent and well-versed legal team will advocate and negotiate on your behalf to reduce or eliminate the legal repercussions associated with your underage possession of alcohol charge, including the
- Quantity of any fines
- Length of any proposed confinement time
- Amount of any required community service hours
- Requirement to complete an alcohol awareness program or a substance misuse education program
- Suspension or denial of a driver's license or permit
If you were charged with underage possession of alcohol in Texas, contact our team today to schedule your free case evaluation.
Work With a Dependable Defense Attorney
Getting arrested and charged with underage possession of alcohol in Texas is a terrifying and worrisome event. Most people are unsure of what to do to protect their future and who to turn to for help in strengthening their defense.
Having the help of a dependable defense attorney will protect your rights while strengthening your case’s defense.
Our distinguished attorneys at the Law Offices of David M. White are passionate about helping our local Texas community with their underage possession of alcohol defense cases.
We will work relentlessly on your case to deliver the best results possible, lightening the stress on you and your loved ones during your challenging times.
Our West Texas law offices are conveniently located in
- Abilene - On the northeast corner of Treadaway Boulevard and Industrial Boulevard, just outside of the Abilene Country Club
- San Angelo - On College Hills Boulevard, a few blocks north of the West 306 Loop
Call the Law Offices of David M. White today at (325) 437-3311 to schedule your free initial consultation. Let us manage the burden of your criminal defense.
David M. White
Attorney
David M. White is an attorney with offices in Abilene and San Angelo, Texas. His practice is focused on Personal Injury cases and Criminal Defense. Mr. White attended Texas Tech University where he earned a B.B.A. in Finance in Honors Studies in 2002, graduating magna cum laude. He received his Doctor of Jurisprudence from the Texas Tech University School of Law in 2006.
If you, a friend, or family member need legal advice, please feel free to contact our firm for a free consultation with David White, a Personal Injury attorney in Abilene, Texas.
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