Consumption of Alcohol by a Minor - Section 106.04 Alcoholic Beverage Code
Section 106.04. Consumption of Alcohol by a Minor
(a) A minor commits an offense if he consumes an alcoholic beverage.
(b) It is an affirmative defense to prosecution under this section that the alcoholic beverage was consumed in the visible presence of the minor's adult parent, guardian, or spouse.
(c) An offense under this section is punishable as provided by Section 106.071.
(d) A minor who commits an offense under this section and who has been previously convicted twice or more of offenses under this section is not eligible for deferred disposition. For the purposes of this subsection:
(1) an adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered a conviction of an offense under this section; and
(2) an order of deferred disposition for an offense alleged under this section is considered a conviction of an offense under this section.
[This is commonly referred to as the Texas “Minor in Consumption” or MIC law.]
what happens to me if i have a MIP on my record and im on 6 months of profation and a month later i get a MIC in the same county?
What should I expect if I got an MIC while on deferred adjudication for felony drug charges. I haven't messed up once since on probation and my P.O. doesn't want to revoke my probation.
i have a friend who just got an MIC and he was given the "pen test" as one of the sobriety tests. he failed and ended up with his fourth MIC, is there any way to fight this becuase he didnt have to take a breathaliser?
My daughter received a Alcohol Consumption of Alcoholic Beverage By Minor on the last day of school at 11:00 pm at a community neighborhood pool. She is very small (weighs under 100 lbs) but had a wine cooler at home around 5:30 or 6pm. She wasn't drinking in public and due to the length of time after she had this, we as parents didn't think anything about it. It did register on the Police officers test as a ,002 and so she got a ticket and has to go to a pre-trial tomorrow. I wanted to know if we should just go ahead and have her plead guilty or bring up the specifics to the Prosucutor (sp?)? Any help would be greatly appreciated. There were over 30 teens and underage kids there some drinking and some not. We want to determine the best way to handle it without getting into more trouble. Any help again would be appreciated.
Our daughter who is in college was questioned in her on campus apartment last weekend and her driver's license number was copied down. She was not issued a ticket nor did she sign anything. The school received notification from her RA that a MIC violation was issued. If she did not receive a ticket nor signed anything, is it really a valid ticket after the fact?
Im 18 and I got an MIC, and i wasnt drving or anything i got in septemeber,and i went to go pay the fine and thats it, later i received a letter until december saying that my license was suspended from october to april of next year..and i am questioning why my license is being suspended for 6 months?
I am confused about penal code 106.06. Is it legal for a parent to give an alcholc beverage to her 17 yr. old at a bar in her presence or not? The place allowed kids..but stamped thier hands underaged....legal or not? I say not! She is NOT 21 yet!!
i live in texas and recieved an mic while at a party the offcer came in the house without someone opening the door for him. He came up ended the party being all were of age but me. He escorted me outside where he got my license and info. He gave me no sobriety test and wrote me an MIC. Im 20 yrs old and would like to know if i could fight the ticket seeing as i wasnt given a sobriety test or atleast get the ticket lowered to an MIP? please let email me any info
My husband is 22 I'm 19 in the state of Texas me and him can go into a bar and he can buy me a drink and we wouldn't get in trouble does that law apply in Washington or do we just have to keep drinking with eachother at home?