In Collin County, and particularly in Allen, where the number of individuals under the age of 25 represent one of the largest segments of the population, it is not uncommon to hear of minors being charge with alcohol related offenses. Our laws reflect a zero-tolerance attitude when it comes to alcohol and minors, and this includes Minor in Consumption of Alcohol (MIC)

An MIC is one of several Class C Misdemeanors in Texas which involve alcohol and adults/children under the age of 21. Unlike the offense of Minor in Possession of Alcohol, the State must prove beyond a reasonable doubt that the minor actually consumed alcohol. Logically, the State must prove more than possession (care, custody, control or management). Depending on the circumstances, this can be somewhat of a challenge. Evidence of consumption can come in the form of direct observation by the officer, circumstantial evidence of alcohol on the breath, and sometimes even a mere assumption based on the surrounding circumstances.

Section 106.04 of the Alcoholic Beverage Code, the same section which criminalizes MIC, also provides an affirmative defense that the consumption took place in the presence of the minor’s adult parent, guardian or spouse. This fact must be asserted and proven by the Defendant, when applicable.

Regardless of whether the proof of consumption is direct observation or a bold assumption, there are usually a variety of ways to protect your criminal record when charged with an MIC. Discussing your case with a criminal attorney is the first step in assuring that you make appropriate decisions which will minimize the long-term consequences of an MIC.

*Kyle Therrian is an attorney licensed to practice in the State of Texas. Nothing in this article is intended to be legal advice. For legal advice on any case you should contact an attorney directly.

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