According to Texas Law, a minor commits the offense of MIP if the minor possesses an alcoholic beverage.
The law does provide for exceptions for situations where a minor can lawfully posses an alcoholic beverage. A minor may be in the possession of an alcoholic beverage it that minor is in the course their employment with an employers who holds a valid permit or license. Additionally, a minor may possess an alcoholic beverage if that minor is in the presence of their parent, spouse, or legal guardian.
According to Texas Law, a minor commits the offense of MIC if the minor consumes an alcoholic beverage.
It is an affirmative defense to this offense if the alcoholic beverage was consumed in the visible presence of the minor’s adult parent , spouse or legal guardian.
The offenses of MIP and MIC are considered Class C Misdemeanors and are punishable by fine only. However, these offenses can result in a Driver’s License Suspension and other unintended consequences when they are not properly resolved. For these reasons, if you have been cited for the offense of MIP or MIC, it is very important that you contact an Attorney who has experience defending these types of cases.