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.]

Trackbacks (0) Links to blogs that reference this article Trackback URL
http://blog.austindefense.com/admin/trackback/23076
Comments (14) Read through and enter the discussion with the form at the end
Mark Hudson - September 30, 2007 6:18 PM

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?

Cory - March 3, 2008 8:25 PM

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.

allie - July 5, 2008 1:44 AM

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?

Machele Rocha - July 15, 2008 2:04 PM

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.

Tammy - September 3, 2008 7:57 PM

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?

alesi - December 22, 2008 7:31 PM

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?

k - September 9, 2009 2:51 PM

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!!

eddie - September 14, 2009 10:31 AM

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

Anna - October 3, 2009 6:10 AM

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?

Glenda Blinka - March 24, 2010 9:36 AM

My son was given a MIC. No sobieriety test or Brethalyzer was performed. The officer did not sign the ticket. We are fighting this in municiple court. My son says the officer never even spoke to him other than taking his drivers license and writing the ticket. They were in a vehicle he was not driving they were in possession of alcohol but there was no open containers. Do we have grounds for pleading not guilty,

Julie Greene - September 19, 2010 11:49 AM

I live in Texas. My 15 year old daughter was at a party last night. The police came into the house without the door being opened for them and questioned my daughter without a parent present. She was not given a sobriety test, had only had a sip of a drink hours before but was given an MIC. Should we plead not quilty?

Deborah Waugh - September 22, 2010 11:08 AM

MIC questions, Austin, Texas

Blaine - October 21, 2010 7:29 AM

I was riding home with friends, coming from a bar a couple of nights ago. We pull into the college dorm we stay at and a officer pulls us over. He comes to the car and says "do you know why I stopped you" talking to the driver. It was because of a broken tag light. So after they discuss that he comes back and starts pulling each one of us out of the car and gives us the "pen" sobrety test. I am already with a "DWI" minor" charge i got in August and I have not drank since i got that and was not drinking at that time, but yet I was still charged with a "MIC". Is there some way I can fight this because I tryed to tell the officer I didnt have my contacts in and my glasses were at the dorm so I couldnt see the Pen but all he said was "well then I guess you had a few to many"! So is there any way I can plead not guilty or no contest with this being completly off my record.

Jill - TX - January 18, 2013 3:18 PM

My son is 17 and was at a New Years Eve party at a hotel when the police were called. The police lined up all the kids and gave ALL 27 a minor in consumption citation. The officer asked my son if he was drinking and he said "no", the officer kept calling him a liar. After 30 minutes my son told him he put the bottle to his lips but never consumed anything because he was too scared to. He was actually sleeping in the hotel room when the police came in the room (and no, not passed out). All parents were called to come pick their child up, if he had been drinking it would have been VERY apparent and there was no smell of alcohol on his breath. We entered a plea of not guilty and asked for a date to speak to the prosecutor. He is not guilty, but I feel he will be pegged just for being a 17 yr old and there were 27 citations written that night. What can we expect from the prosecutor?

Post A Comment / Question Use this form to add a comment to this entry.







Remember personal info?
Send To A Friend Use this form to send this entry to a friend via email.