Stephen Gustitis, Criminal Defense Attorney
If you, or your child, is cited for a Minor in Possession (or MIP charge), you may be unsure of the path forward. MIPs are common in Texas and there are several legal strategies to fight them in court with the help of a knowledgeable minor in possession lawyer.
A Minor in Possession charge can be levied when an individual under the age of 21 has consumed (MIC) or is in possession (MIP) of alcohol. In Texas, minors can be charged with MIPs at parties, nightclubs, or while riding in vehicles when alcohol is present. A minor can also be in the vicinity of alcohol belonging to another person but cannot touch, hold, transport, attempt to purchase, consume, or have any other care, custody, control, or management of the alcohol.
Unfortunately, the Texas Alcoholic Beverage Code holds minors in the presence of alcohol to a high standard. Under the law, individuals under the age of 21 are not allowed to touch, hold, consume, or transport alcohol–even picking up empty beer cans at a tailgate can make minors vulnerable to a MIP charge.
If you have been charged with a MIP or MIC, there are legal strategies you may use in court alongside an experienced minor in possession lawyer to potentially beat the charge. For instance, four exceptions allow a minor to possess alcohol in Texas:
● If the minor is in the visible presence of a parent, legal guardian, or spouse;
● If the minor possesses alcohol within the scope and course of their employment, provided the employer follows legal regulations;
● If the minor purchases or possesses alcohol when supervised by a peace officer who is enforcing MIP laws; or
● If the minor requests emergency medical care for another person who may have overdosed on alcohol.
In the last scenario three additional factors must be true: (1) the minor must have been the first person to make the call for emergency service; (2) they must have remained at the scene until emergency help arrived; and (3) they must also have acted in full cooperation with emergency medical workers and law enforcement officers.
When working with a minor in possession lawyer, you or your child must be transparent about the events leading to the charge. That way, your lawyer can help you craft the strongest defense possible for your case.
If you, or your child, has been charged with an MIP or MIC, the first thing to do is seek help. Steve Gustitis is a Texas Board Certified Criminal Defense Attorney and minor in possession lawyer practicing in Bryan-College Station, Texas with flexible hours to accommodate your schedule. He has more than 28 years of experience in the field of criminal law and criminal defense in Brazos County.
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