Possession of Alcohol by a Minor (Minor in Possession or MIP) - Section 106.05 Alcoholic Beverage Code

Section 106.05. Possession of Alcohol by a Minor

(a) Except as provided in Subsection (b) of this section, a minor commits an offense if he possesses an alcoholic beverage.

(b) A minor may possess an alcoholic beverage:

(1) while in the course and scope of the minor's employment if the minor is an employee of a licensee or permittee and the employment is not prohibited by this code; 

(2) if the minor is in the visible presence of his adult parent, guardian, or spouse, or other adult to whom the minor has been committed by a court; or

(3) if the minor is under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code.

(c) An offense under this section is punishable as provided by Section 106.071.

[This is commonly referred to as the Texas Minor in Possession statute or MIP law.]

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Comments (15) Read through and enter the discussion with the form at the end
Stephanie - October 10, 2007 5:02 PM

Can a minor receive an MIP if he or she is at a party, but does not consume an alcholic beverage?

Ann - January 24, 2008 5:36 PM

Do i still have to pay the ticket after i've already turned 21?

megan - May 9, 2008 5:25 PM

Around how much does a MIP of alcohol ticket come out to be? And can there be other punishments?

Amy - June 23, 2008 6:18 PM

Can a minor receive an MIP if he or she is at a party, but does not consume or touch an alcholic beverage?

zach - July 25, 2008 3:19 PM

my friends and i were pulled over for a busted tail-light. as soon as the officer pulled us over he yelled at us to get out of the car. when we did so 2 of us were put in handcuffs and placed on the side of the road, the driver of the car was thrown up against the officer's car and put in handcuffs also. then, he began to search our car. i was wondering if this would be classified as a false arrest or an illegal search.

michael - August 7, 2008 9:13 AM

yes you can recieve an mip if you are at a party around alcohol, even if you are not consuming. An MIP in Hays county is TERRIBLE, it is a $510 ticket, and still $400 after 8 hours community service and an alcohol awareness class. It is the harshest fine of any county in the state. What they dont realize is that the underage kids recieving the ticket do not have the jobs or the money to pay for a $510 ticket - so it gets left on the parent. Of course this is supposed to get parents more involved in the kids lives, however, in reality it wont do anything. The alcohol awareness class is worthless, and most people sign into community service and easily walk out unnoticed. The entire system is awful.

matt - September 9, 2008 9:23 PM

can i recieve an mip for holding an open container but not drinking it? i blew a .000. on the breathalyzer. but i was in the presence of my 21 year old wife and family friends. they still arrested me and took me to jail even though i was not drinking it. i was just holding it

Nick - February 10, 2009 2:31 PM

Hey im from florida and im 18. I recently received an MIP. The officer did not breathalize me, but he did take a picture of my face and the two liquor bottles. I have to go to court soon and I was just wandering what is the best way to handle this(Lawyer??) and what is the worst sentence(Money. hours, alchol class) I can receive. Thanks

josh - April 9, 2009 7:09 PM

hello, i am from alabama and my friend is underage and was at a party and he did drink, (and everyone there was drinking underage), and the officer put him in cuffs and then gave him a citation for mip. to my knowledge i have found no exception for mip in alabama, is there any that you know of, and can you please tell me what you think will happen on his second offense, even though his first offense was not documented. also can you tell me what is that worst that could happen. it happened in tuscaloosa county.

rebecca - April 20, 2009 9:05 AM

i am from croswell michcigan and i have gotten a MIP for drinking alcohol. i just wanted to know what the consequences are going to be im only 16!

rebecca - April 20, 2009 9:07 AM

i am from croswell michcigan and i have gotten a MIP for drinking alcohol. i just wanted to know what the consequences are going to be im only 16! i havent went to court yet i blew .047

diana - April 30, 2009 2:27 PM

my son was asked to blow as a passenger and blew a .002 and was charaged with mip can they do that?

sarah - June 28, 2009 11:29 PM

My friend got a possession of parifinalia and minor possession of marijuana then a week later he got minor possession of alcohol and another possession of parifinalia. The cops seemed like everything was going to be okay but im not sure. Does anyone know what might happen.

Heather - August 17, 2009 4:10 PM

My daughter recently entered a 12 month lease with someone she didn't know very well, for college. Both are under 21, the roommate has filled the refrigerator and freezer with alcohol. Can my daughter be charged with possession, even if she isn't the one who belongs to the alcohol? This also is a breech of their lease agreement with the landlord. What are the reprocussions?

andrew - August 20, 2009 2:28 PM

I was on a boat in Alabama and was pulled over, i was not drinking nor did i have any alcohol. They took his beer and charged everyone including me with MIP. All the info he has is my name and date of birth. Is there any way out of this?

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