The Law Office of Matthew Shrum

Criminal Defense Attorney Austin

Minor in Possession Charge

Minor in Possession Charge

Minor in Possession Charge (MIP)

A MIP is a charge where a minor (under 21years) is illegally in possession, control, or in alcohol ownership. It is a Class “C” minor crime in Austin. Most MIP cases’ main aim is to prove whether the minor was/wasn’t in possession, control or ownership of an alcoholic drink.

Attorney for Minor in Possession Charges in Austin

Criminal attorney Mathew Shrum will work with you from the beginning of your MIP case until its end. He works with dedication to build a strong defense and put your MIP case in the best light. Mr. Shrum assists minors in obtaining excellent results and keeping their criminal records clean.

If you are looking for a MIP lawyer in Austin, do not hesitate to contact lawyer Mathew Shrum. He will assist you in all forms of your cases, including the expunction of alcoholic offence records. For a free consultation, you can call anytime and day at (512) 777-0000.

 Minor in Possession of Alcohol Law in Austin


(a) Except as provided in Subsection (b) of this section, a minor commits an offence 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 this code does not prohibit the job;

(2) If the minor is in the visible presence of his adult parent, guardian, or spouse, or another adult to whom the little has been committed by a court; or

(3) If the minor is under the immediate supervision of a commissioned peace officer engaged in enforcing this code’s provisions.

(c) An offence under this section is punishable as provided by Section 106.071.

Defenses to Minor in Possession of Alcohol in Austin

The Texas law recognizes various exceptions to the general rule of not allowing a minor to possess an alcoholic drink. Below are conditions where a little can have an alcoholic beverage without fear:-

  • A minor is allowed to possess alcohol if they are in their lawful work, for example, bar or restaurants.
  • An adults’ presence (over 21 years), for example, spouse, caregiver or parent or an adult who is legally responsible for the minor.
  • If the minor is under the supervision of a commissioned law enforcer/ peace officer.
  • If the minor had requested a medical emergency for themselves or someone due to a possible alcohol overdose. 

If none of the circumstances discussed above do not apply in your case, it is vital to understand additional defences. The main issue in a MIP case is for the prosecutor to prove the minor had the alcoholic beverages. Under the Austin law, possession can either be actual or constructive possession.

 Constructive vs Actual Possession of Alcohol by a Minor in Austin

Actual possession under Texas law is when a person has physical custody of alcohol. Examples of actual possession are:

-a flask of liquor in your pocket

-holding a cup of alcoholic drink in your hand

– A bottle of alcohol in your purse

Constructive possession happens when alcohol is readily available or accessible to the minor. It is hard for the prosecutor to prove constructive possession. For constructive possession, the minor has to be aware of alcohol and had the intention to take the alcoholic drink. Examples are:-

  • Driving a motor vehicle with the presence of an alcoholic drink
  • A minor being at a party where there is alcohol even if they were not taking it.
  • A minor sitting at a table where alcohol is present, even if he/she wasn’t holding it.

Whether the minor has constructively or actually possessed alcohol, it can have an impact on the MIP case. Whatever your child’s condition or yours in the MIP charge in Austin, attorney Mathew Shrum will explain your possible options and fight for the charges to be dismissed or reduced.

Penalties for MIP in Austin

Penalties for MIP in Austin are severe and can have future adverse effects on you or your child. According to Texas Alcoholic Beverage Code § 106.071, possession of alcohol by a minor is a Class C Misdemeanor in Texas and is punishable by a fine of up to $500.

1st conviction for MIP in Austin includes a mandatory alcohol awareness course that the Texas Commission on Alcohol and Drug Abuse has approved 8-12hrs of community service and a 30-day suspension of the driving license.

The MIP charges can be added to a Class B Misdemeanor if the minor had two or more earlier convictions he/she can pay fine ranging between $250-$2000, suspension of the driving license for six months, and jail term for almost 180 days and community service for 20-40hrs. They are also required to attend the alcohol awareness course. 

Mathew Shrum is a MIP lawyer in Austin, and he understands how a misdemeanour charge can hurt you and your child in the immediate or long term future. Your child getting convicted for MIP can affect his/her graduate or college applications, opportunities in future employment and scholarships. An experienced MIP lawyer in Austin can assist you in dismissing and helping you protect your future.

Ticket for MIP in Austin – Contact our MIP Lawyer in Austin

You can be issued a MIP ticket if you are under 21years and found with alcohol possession; fine for a MIP ticket can go up to $500.

MIP charges can have severe impacts on the victim if not adequately defended. The MIP tickets can cause a person to lose education and job opportunities also future opportunities. Most minors given the tickets tend to make the mistake of handling the case on their own; it is advisable to consult a lawyer to discuss possible options.

If your MIP charges have been dismissed or you have completed deferred disposition, the next step is to ensure your case records are destroyed through expunction or expungement. This is important since it will protect your future.

Mathew Shrum has assisted numerous people and students in Austin, for their MIP cases to be dismissed and deleted. He represents minors charged in alcohol possession, other crimes for college and high school students for alcohol offences such as disorderly conduct, public intoxication, possession of a fake ID or a driving license, misrepresentation of age, consumption of alcohol by a minor. Whether you need a lawyer for a dwi or MIP give us a call today.