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.
We provide defense for alcohol violations in the Houston, Lake Jackson, and Brazoria County area.
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.
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.
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:
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.
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