Over the past few years, Texas lawmakers have drastically increased the penalties for underage drinking. What used to be a slap on the wrist is now treated as a criminal matter with jail time possible on a third conviction or guilty plea (even if you received deferred adjudication). At Peveto Law, we provide serious legal defense for minors charged with underage drinking offenses and other alcohol-related crimes. We have a long track record of providing excellent defense representation usually resulting in case dismissal (and eventual expunction) for the following class C misdemeanor alcohol charges involving minors:
Over the last decade, Texas has been tightening underage drinking laws, and arresting more and more minors for alcohol related offenses – putting that person’s future at risk with a criminal conviction. While minor alcohol-related offenses are typically class C misdemeanors, repeated “minor with alcohol” issues with police could result in a class B misdemeanor with up to 180 days in jail if arrested for 3+ alcohol related offenses before the age of 21. Even first time offenders risk having their driver’s license suspended, and even receiving deferred adjudication can sometimes count as a conviction under the new laws if your case is not handled properly. Attorney Andrew Peveto can help you ensure a conviction is avoided, that the underage drinking charge is dismissed, and that you are eligible for an expunction within 180 days.
Peveto Law provides serious legal defense for minors who receive a Texas Minor in Possession charge. This includes those who were actually arrested for MIP in the Dallas area and who spent a couple of hours (or a full night) in jail, as well as those who just received a citation without being arrested. Either way, you have been charged with Possession of Alcohol by a Minor, and you need to seriously consider your legal options before deciding to just pay the ticket or represent yourself in court. Even deferred adjudication can count as a conviction under the new laws. The law reads as follows:
Sec. 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.
At the Law Offices of Andrew S Peveto, we provide serious legal defense for ALL minors who receive a minor in consumption charge. This includes minors who were actually arrested for MIC and who spent a couple hours or a night and jail, as well as minors who just received an MIC ticket. Either way, you have been charged with Consumption of Alcohol by a Minor and you need to seriously consider hiring a reputable local attorney to defend you. The law regarding MIC in Texas reads as follows:
The Law – Minor in Consumption of Alcohol (Texas ABC 106.04)
(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.
Being arrested for Driving Under the Influence, or DUI (different than a DWI), can be traumatic experience – especially if you end up spending the night in jail. However, the long-term consequences are what can be most damaging. Under the new Texas laws, multiple alcohol related arrests as a minor can lead to jail time and a permanent criminal record that can not be erased when you turn 21.
Driving Under the Influence (DUI) by a Minor – Alcoholic Beverage Code 106.041
(a) A minor commits an offense if the minor operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor’s system.
(b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor.
(c) If it is shown at the trial of the defendant that the defendant is a minor who is not a child and who has been previously convicted at least twice of an offense under this section, the offense is punishable by:
(1) a fine of not less than $500 or more than $2,000;
(2) confinement in jail for a term not to exceed 180 days; or
(3) both the fine and confinement.
If you are under the age of 21, you cannot afford to start accumulating alcohol violations – even if the judge grants you deferred adjudication.” Since September of 2007, there are new increased penalty levels, license suspensions, community service hours, and fine amounts for minors – and even harsher penalties for minors convicted of more than one alcohol-related offense before turning 21.
Over the past 7 years of continual practice in Collin County and Dallas, Mr. Peveto has successfully defended over one hundred Class C Misdemeanor drinking charges (like MIP, MIC, DUI and public intoxication). Peveto Law defends alcohol related charges in just about all DFW cities and municipalities; most notably: Plano, Addison, Frisco, Richardson, Carrolton, McKinney, University Park, Dallas, and Allen.
Attorney’s fees for handling these types of cases are usually around $500, and will likely include an eventual dismissal. Once the case is dismissed, you can seek an expunction to have your criminal record cleared of the offense. Mr. Peveto can also remove outstanding warrants for underage drinking tickets and get the case put back on the court docket. Contact us today for a free consultation.
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