Alcohol Related Offenses
Lake Jackson Criminal Attorney
Whether you have been ticketed for public intoxication, minor in possession (MIP), or a nonmoving alcohol violation, your driver's license may be at risk. Additionally, you could be facing other consequences, including fines and jail time, that can have far-reaching effects on all aspects of your life. Turn to an experienced lawyer who can help protect your interests.
Types of Alcohol Related Offenses
We provide defense for alcohol violations in the Houston, Lake Jackson, and Brazoria County area.
- We are able to defend you against a variety of alcohol violations:
- Public Intoxication (PI)
- Minor in Possession (MIP)
- Minor in Consumption (MIC)
- Driving Under the Influence (DUI)
- Driving While Intoxicated (DWI)
- Public Consumption of Alcoholic Beverages
- Disorderly Conduct
- Open Container Violations
Most of these alcohol violations are considered Class "C" Misdemeanors in Texas. A conviction will not affect your driving privileges, unless you are a minor. However, a Class "C" conviction could result in fines, points on your driving record, increased insurance rates, and other consequences.
Minor in Possession
According to section 106.05 of the Texas Alcoholic Beverage Code, anyone under the age of 21 who possess an alcoholic beverage, is guilty of minor in possession (MIP). For a minor to legally possess an alcoholic beverage, it must be done in the scope of employment that does not violate section 106.05 of this code. A minor can also possess an alcoholic beverage if he or she is in the visible presence of a parent, spouse, or guardian.
A MIP is considered a Class C misdemeanor, which carries a potential fine of up to $500. Individuals convicted of this offense will also have to perform eight to 12 hours of community service. However, if an individual has been previously convicted of this offense two or more times, he or she can face up to 180 days in jail, and/or a fine between $250 and $2,000, as well as a potential license suspension.
Minor in Consumption
Under Texas Alcoholic Beverage Code § 106.04, it is illegal for an individual who is less than 21 years old to consume an alcoholic beverage, unless the beverage is consumed in the visible presence of the minor's adult parent, guardian, or spouse.
This offense is classified as a Class C misdemeanor, which is punishable by up to a $500 fine as well as between eight to 12 hours of community service. If the offender has two or more prior convictions, he or she can be ordered to pay a fine between $250 and $2,000, and / or be sentenced to up to 180 days in jail.
A person commits disorderly conduct if he or she intentionally or knowingly:
- Uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace
- Makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace
- Creates, by chemical means, a noxious and unreasonable odor in a public place
- Abuses or threatens a person in a public place in an obviously offensive manner
- Makes unreasonable noise in a public place other than a sport shooting range or in or near a private residence that he has no right to occupy
- Fights with another in a public place
- Discharges a firearm in a public place other than a public road or a sport shooting range
- Displays a firearm or other deadly weapon in a public place in a manner calculated to alarm
- Discharges a firearm on or across a public road
- Exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act
- For a lewd or unlawful purpose, enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling; while on the premises of a hotel or comparable establishment, looks into a guest room not the person's own through a window or other opening in the room; or while on the premises of a public place, looks into an area such as a restroom or shower stall or changing room or dressing room that is designed to provide privacy to a person using the area
If an individual commits the crime of disorderly conduct, the punishment is a class C misdemeanor. However, if disorderly conduct is committed under (7) or (8), it is a class B misdemeanor. A possible defense is if an individual had significant provocation for his or her abusive or threatening conduct; the individual may have a defense to his or her act. Under (7) or (9), it is a defense if the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal.
Call JM Davis Law PLLC at (855) 390-0455 for more information about representation in an alcohol-related offense case in Texas; our Houston criminal defense attorney can answer your questions.