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 (30) 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?

Amy - February 13, 2010 3:51 PM

I had a party at my house and a neighbor called and said there was underage drinking so the cop showed up and it was me and 5 my friends that were all of age. I was the house owner and he made me blow. He didnt show me what i blew. So i got an minor in possession. Any way out of this?

Nikki - February 19, 2010 2:50 PM

I was at Mardi Gras in New Orleans, but I am from Texas. I am 19 and I had a drink in my hand but I was just holding it, an ATF officer asked for my id and gave me a minor in possession summons. What does that mean, and what should I do? I don't want it to go on my record, but I don't know how much this is going to cost.

JC - March 6, 2010 3:42 PM

My son was arrested along with 10 others 18 year olds at a party for MIP. They spent the night in jail and were brought before the JP. Without counsel, or a parent's presence he plead guilty and recieved a license suspension and community service and a 300 dollar fine.

Reading the alcoholic beverage code it says that a minor is anyone who is under 21 in one section, and also says that the parent/guardian must be present in ALL proceedings when they involve minors. Is my son a minor or not, and is it worth my while to fight this and get it thrown out?

Luke - April 8, 2010 1:23 PM

I am in Arizona and I got an MIP, I was not given a breathalyzer but was told to follow the pen. I told the officer I was not drinking and he said I was lying. Can I fight this?

Tara - April 26, 2010 11:58 PM

to all the people asking if a minor can get an MIP at a party even if they are not holding or drinking, i dont know if it depends on the state or the cops, cuz my brother had a party, about half the kids were not drinking, and did not get an MIP, everyone had to do a breathalizer and if you blew 0s you were good to go

George - May 16, 2010 10:02 AM

So what would happen if you were on a trip with your friends and got pulled over with it. And your parents were in the car behind you?

cindy - May 21, 2010 8:33 PM

hey my name is Cindy. My "fiance" dropped a friend off at a party which involved alcohol! Well come to find out he got a citation for mip! Supposely there was a cooler full of beer on the back porch! Nobody admitted it was theirs so everyone got a ticket! Does this even sound right? Do you have to actually have possession of alcohol in order to get this or can you just be there and still get it? What is the law exactly in SC?

cindy - May 21, 2010 8:34 PM

hey my name is Cindy. My "fiance" dropped a friend off at a party which involved alcohol! Well come to find out he got a citation for mip! Supposely there was a cooler full of beer on the back porch! Nobody admitted it was theirs so everyone got a ticket! Does this even sound right? Do you have to actually have possession of alcohol in order to get this or can you just be there and still get it? What is the law exactly in SC?

skyler - September 18, 2010 11:34 AM

my name is skyler and i live in Post Falls, Idaho. i was at my sisters hanging out, and her friend showed up with alcohol. i stole two or three SIPS off of it and blew a .004 . i got a citation for mip. i was wondering if anyone knew what the fine would be, if community service or alcohol class was an option? please reply soon if you know anything.

skyler - September 18, 2010 11:34 AM

my name is skyler and i live in Post Falls, Idaho. i was at my sisters hanging out, and her friend showed up with alcohol. i stole two or three SIPS off of it and blew a .004 . i got a citation for mip. i was wondering if anyone knew what the fine would be, if community service or alcohol class was an option? please reply soon if you know anything.

jacob - October 17, 2010 7:19 PM

what will i recieve in iowa if its my first offense with MIP im 15, and wasn't drinking it just trying to get rid of it when the cop passed by because my friend left it at my house and i didnt know what was in it and when i found out i tried to get rid of it on a gravel road i told the cop the whole story, he took me to the station and when my dad came he let me go but didn't say anything about a ticket am i getting a ticket in the mail? whats the biggest punishment that i will probably get?

Stormy - April 4, 2011 10:26 PM

Ok I was on bourbon street in new Orleans n I got minor in possession and my sister called the number on the ticket for me n they said I had till may 26th to pay 250$ but yet one of my friends got caught b4 n she has court! How is that?? Do I have court?

Bill brun - August 16, 2011 10:54 AM

Hi so I got a ticket on bourbon street in New Orleans two officers wrote up a ticket saying it wont go on my record I just have to pay a 180 dollar fine by this date. It is 5 days later and I called the police station and a lady says that the ticket I got was not in the system yet. My question is where do I stand to I have to go to court, just pay a fine, or am I okay because 5 days is a long time not to hand in a simple ticket like that.

Anthony - April 1, 2012 10:22 PM

Hi.. i visited the University of Arizona this weekend and went to a party. After the party i got stopped by the campus cops. They could tell right off the bat that i was under the influence and due to the fact that im 18 i got a mip. This is my first offense and am well aware i was wrong. I was just wondering if i could get court in california where i live because they say i have it in arizona and how much it will be?? Please reply as quickly as possible thank you

Teresa - July 16, 2012 6:13 PM

If a non-custodial parent gives their 13 year old and 10 year old child alcohol can charges be filed in the State of Oklahoma for Child endangerment or does the law protect the parent because they only supplied it to their own children?
A minor is not mature enough to understand the dangers.

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