ALCOHOL POSSESSION BY A MINOR

(MIP, DUI, DWI Charges for Minors in Irving, Tx)

 

As an Irving, Texas criminal defense lawyer, and Irving Family Law attorney helping parents when their children are arrested for possessing alcohol (commonly referred to as a MIP), I am often asked to explain the laws regarding minors and the consequences of alcohol possession.

There are short term and long term consequences for your child receiving an Minor In Possession. As a local Irving criminal defense attorney, I have outline a few these for you:

Possession of Alcohol

If you're a minor (under 21) and found to be in possession of alcohol, you may face the following penalties in Irving Municipal Court:

- a fine up to $50.00,

- 30 to 180 days of having your driver's license suspended,

- 8 to 40 hours of community service, and

- mandatory alcohol-awareness classes.

Any amount of beer, wine or liquor can trigger these penalties.

A second or third offense can lead to the suspension of your driver’s license for 60 to 180 days.

If you're 17 or older, you also can be fined up to $2,000, plus go to jail for up to 180 days for a third MIP offense.

Most of the time the officer will give the child a ticket and let him/her go, but not not always. It depends on the Irving Police Officer.

 

Driving and Alcohol for Minors (DUI) in Irving, Tx

Unlike adults, if you are under 21, it is illegal for you to drive with any detectable amount of alcohol in your system in Irving (or anywhere else in Texas).

If the child is under 17 years of age the first time he or she is stopped for drinking and driving, following penalties:

- up to a $500 fine,

- a 60 day driver's license suspension

- 20 to 40 hours of community service, and

- mandatory alcohol-awareness classes.

However, if the minor is over 17 years of age, but under 21 years old, and is pulled over for drinking and driving with a blood or breath alcohol concentration (BAC) of .08 or greater, you could face a much tougher penalty and the case will be handled by the Dallas County as a DWI originating out of Irving, Texas:

- up to a $2,000 fine,

- 3 to 180 days in jail, and

-- a driver's license suspension for 90 days to 1 year.

 

Get caught drinking and driving a second or third time, and the penalties increase. Texas has called for zero tolerance when it comes to Driving While Intoxicated (DWI), and the Irving Police Department enforces the DWI statutes strictly. So do not expect the Irving Police Officer to let you go. Odds are you are going to jail!

As an Irving criminal defense lawyer, the next question I often get from the parents is do they have any liability. If the parents furnished the alcohol and their child is under 21 it can lead to a $4,000 fine and up to a year in the Dallas County Jail for the parent.  Most of the time the police will not come after the parents.

If your child received the alcohol at a bar then the person at the bar that sold the alcohol to the minor can be charged with a Class A misdemeanor, receive up to a year in jail, and a $4000.00 fine.                       

If you, or your child, has been cited with a Minor in Possession (MIP) ticket or arrested for a Driving While Intoxicated (DWI) in Irving, Texas, and you would like to speak with an Irving criminal defense attorney, please do not hesitate to contact my office.  We are a local Irving Texas law firm and we are here to help in defending you.

 

George White,
Irving Criminal Defense Attorney