A minor who buys, attempts to purchase, or drinks alcohol may face some large fines and possibly jail time for a third offense. Anyone facing these allegations needs help from an Austin criminal defense attorney right away. 

MIC Penalties

A minor in consumption (MIC) charge is considered a Class C misdemeanor. If you’re charged with the offense, you may be subject to a fine of up to $500. You may also have to attend an alcohol awareness program or commit yourself to 8 to 40 hours of community service work. Underage drivers can have their driver’s license revoked for 30 to 180 days if they’re caught drinking and driving.

Minors who are at least 17 years old and commit a third offense may have to spend up to 180 days in jail and/or pay a fine that can range from $250 to $2,000. Teens with prior alcohol-related convictions may also lose the right to drive for a year if they fail to attend court-ordered alcohol awareness training.

Scenarios that Lead to an MIC Charge

An MIC charge can create a criminal record for some defendants that can hurt their ability to secure work, get into a college, or enjoy scholarship opportunities. A teen may have to face this charge in the following scenarios:

• Underage drinking at a private party. If the police find minors drinking alcohol at a house party, they may issue consumption citations to everyone who is underage. Even if you’re just holding a can of beer or an alcoholic drink, you could be charged for the offense.
• Attempting to buy alcohol using a fake ID. You can also receive an MIC charge if you attempt to purchase liquor with a fake ID.
• Drinking in a public place. If you consume alcohol in a parking lot, vehicle, park, or other public venue, a police officer patrolling an area may issue you a citation.

Because Texas has a zero-tolerance law for underage drinking, you’ll be in lots of legal trouble if you drink alcohol and are under 21 years old, or if you’re an adult and serve liquor to a minor.

Adults who make alcohol available to minors are charged with a Class A misdemeanor offense — a crime that is punishable by a fine of up to $4,000 and/or a year in jail. Your driver’s license is automatically suspended for 180 days as well.

Defenses Used in MIC Cases

You’ll need a strong defense when you’re facing MIC charges. Some defenses are available that may lead to reduced or dropped charges.

Lack of Evidence

If the police did not directly see you drinking alcohol, the charges may be difficult to prove. The other side needs to show strong evidence that you were drinking and that eyewitnesses can testify to your behavior as well.

An Illegal Search

The police need to have probable cause or a warrant to conduct a legal search, whether it’s your person or your belongings. If they conduct an illegal search, the evidence can’t be admitted into the court. Your lawyer will file a motion to suppress evidence to argue that the search that was conducted was unlawful.

Mistaken Identity

You may be able to show that you were identified in error in some instances. The eyewitness testimony or identification may be unreliable, especially if you were identified at night or from a distant location. Providing an alibi and eyewitness testimony can be used to show that you were elsewhere at the time of the alleged offense.

How a Lawyer Can Support Your Case

While the defenses in an MIC case are limited, they can be used to challenge the validity and the strength of the evidence presented against you. If your defense is strong, you may be able to beat the charges or at least reduce the amount of the fine and other penalties. That’s why you should discuss your case with an attorney who knows how to manage these cases. They should be familiar with the court system and how to support an MIC defense.

Contact the Law Firm of David D. White, PLLC Right Away

If you’re underage and have been charged with MIC, or you’re a parent or guardian of a minor who was caught drinking alcohol, you need to speak to an attorney immediately. In Texas, contact David D. White, PLLC, without delay. Make sure you have the proper legal representation for a more positive outcome. Make the call today.