Underage Alcohol Consumption or Possession Reference Guide

Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges

By Collin County Criminal Defense Attorney Jeremy Rosenthal


(972) 369-0577

Several main Texas laws impact minors who mix with alcohol under the Texas Alcohol Beverage Code.  First, the good news.  Though Texas prides itself on being tough on crime, all charges I’m discussing today are Class C Misdemeanors with multiple ways of getting them off a criminal record.

Below are my abbreviated description of the statutes.  If you enjoy the more precise legalese of the Texas Alcohol Beverage Code, you can read the laws here.


1.  Minor in Possession (also called an “MIP”)

Texas Alcohol and Beverage Code (“TABC”) 106.05 makes it a crime for a minor to possess alcohol.  Possession is defined by Texas Penal Code 1.07(39) as “Actual Care, custody, control or management.”

This simply means the officer and the prosecution must prove the minor did more than be in the mere presence of alcohol…

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