Dallas Minor in Possession Lawyer

Under most circumstances, any individual under the age of 21 may not be in possession of any alcoholic beverage. As such, any underage individual may be charged as a minor in possession (MIP) for something as simple as holding an alcoholic drink. Since these charges may result in a number of serious consequences for any Dallas minor, the help of an experienced Dallas defense lawyer could be critical in fighting against unnecessary charges and penalties.

The Dallas minor in possession lawyers at the Law Offices of Mark T. Lassiter understand how troubling MIP charges can be for any person, and, as such, we are committed to protecting our clients’ rights. If your child is facing MIP charges in Dallas, the potential consequences of a conviction can be frightening. With experienced Dallas legal advice, these charges may be reduced or altogether dropped.

What is Possession?

In Texas, it is against the law for a minor to be in possession of any type of alcoholic beverage. Anyone under the age of 21 years caught with alcohol or drinking alcohol may find themselves on the wrong end of an MIP citation or minor in possession charge. For a solid case against a minor, a prosecutor must demonstrate that beyond a reasonable doubt, the minor had either actual or constructive possession of an alcoholic beverage. Actual possession can be easier to establish. Actual possession refers to the alcohol being found in the minor’s hand or on their body. This could be a minor being caught holding an open beer bottle or a flask of liquor being found in their pockets, purse, or backpack.

Constructive possession is a little bit more abstract. Constructive possession can include situations where a minor is sitting at a table with alcohol, and there are several cups or bottles on the table, or if a minor is in a vehicle with an alcoholic drink present. Constructive possession means that the alcohol is readily accessible to the minor, the minor is aware there is alcohol present, and that they intend to take possession of the alcohol. Constructive possession is more difficult to prove, especially because of the last stipulation. It can be hard to argue intent because the prosecutor can’t be inside the head of the minor at the time of the incident.

Consequences of Minor in Possession Convictions

The consequences of an MIP conviction are likely to be more severe for individuals over 18 years of age, as an MIP conviction will likely remain on their permanent record. Aside from the potential long-term professional and academic consequences a conviction may have, the following, more immediate, consequences may result:

• Fines ranging between $500-$2000
• Possible jail time
• Suspension of a driver’s license
• Community service hours
• Mandatory alcohol awareness class attendance
• Probation

A Dallas minor in possession lawyer may be critical to protecting your child’s future from the very serious consequences of an MIP conviction.

Exceptions to the Rule

While Texas takes alcohol-related offenses seriously when it comes to minors, there are also some exceptions to the “minor in possession” rule. Minors are allowed to be in possession of alcohol under the following stipulations:

Parental Supervision

• A minor may be allowed to possess or consume alcoholic beverages if they are visibly in the presence of their legal parent or guardian.

Employment

• A number of young people hold down part-time or full-time jobs to help them save for school and earn a little extra income for themselves. Jobs for minors are especially prevalent in the food-service industry. A minor may be allowed to possess alcohol if it falls under the scope of their job description. This exception covers possession only. A minor may not consume alcohol at their place of employment.

Law Enforcement Actions

• Minors are allowed to purchase and possess alcohol when they are being directly supervised by law enforcement or peace officers who are enforcing minor in possession laws. This exception typically refers to sting operations arranged by law enforcement agencies.

Emergency Medical Assistance

• A minor may not be held responsible for being in possession of alcohol if they are on the scene of an emergency and call for help. For example, if a minor came across an adult or family member who was suffering from an alcohol-induced emergency, such as an overdose or alcohol poisoning, they may take the alcohol from the adult and then be in possession of it. To avoid liability, there are three stipulations that must be in order: the minor must be the first person to call for help, they must remain on scene until help arrives, and they must cooperate with medical personnel and law enforcement.

Contact a Dallas Minor in Possession Lawyer Today

At the Law Offices of Mark T. Lassiter, our Dallas minor in possession lawyers know how MIP charges are likely to be prosecuted and, in turn, how to best defend against them. We understand how frightening these situations can be for any Dallas family, and we will fight to protect your child’s future. To confidentially discuss the particulars of your situation with one of our Dallas lawyers today, please call (214) 845-7007.