How to Expunge Underage Drinking Charge in Texas

Having a minor child being charged with underage drinking can be upsetting and confusing. Unfortunately, it's common in certain areas because police officers know that college students will hang out and consume alcoholic beverages. They realize these kids will be celebrating with alcohol.

Then, there are situations where a minor wasn't drinking but was holding a friend's beer. Ultimately, they can be charged with minor in possession in this situation, which will go on their juvenile records.

It's crucial to understand what minor-in-possession charges are, how to fight them, and when they can be expunged. Let's get started.

Texas Law Relating to Underage Drinking or Minor-in-possession Charges

Texas law prohibits a person younger than 21 years of age from consuming or holding alcoholic beverages and includes the:

• Purchase of alcohol

• Consumption of alcohol

• Attempt to purchase alcohol

• Misrepresentation of age

• Possession of alcohol

• Operating or driving a watercraft or motor vehicle while drinking

  
  

Examples of Making Contact With Alcohol

Overall, Texas law prohibits minors from making contact with alcohol, such as:

• Touching

• Consuming

• Holding

• Transporting

  
  

Examples of Constructive Possession

A minor is allowed to be in the proximity of someone drinking, but they cannot consume alcohol or be in possession.

Examples of constructive possession of alcohol include these scenarios:

• Riding in or driving a vehicle where alcohol is available

• Using an alcohol container as a repository/spittoon

• Holding alcohol for someone else

• Gathering empty alcoholic containers to throw away

• Sitting at tables where pitchers of alcohol are available

  
  

Exceptions to the MIP Law in Texas

Four primary exceptions allow minors to be in the presence of alcohol in Texas. These include:

• A minor being in the visible presence of a legal guardian, parent, or spouse

• A minor possessing alcohol for employment purposes (if the employer follows the rules)

• A minor requesting emergency medical care if someone overdosed on alcohol

• A minor that can purchase/possess alcohol when supervised by a peace officer enforcing MIP laws

  
  

Stipulations for the Last Scenario

Three stipulations will apply for that last scenario. First, the minor must be the initial person to call for emergency assistance. Second, they must stay at the scene until law enforcement agencies and other help arrives. Third, they must cooperate fully with EMS and police.

Will the Minor Have a Criminal Record? What Other Penalties Are Involved for a Class C Misdemeanor?

Penalties for a MIP charge can be serious. It's often classified as a Class C misdemeanor. If convicted, the child might face these issues:

The First Offense

A conviction often results in up to 12 hours of community service.

Those community service hours are often related to education about alcohol misuse prevention.

Likewise, the court system revokes the defendant's driver's license for 30 days. They're also required to attend an alcohol awareness program and must receive a report after being treated for 90 days.

Sometimes, a first offense results in a deferred disposition or an adjudication.

Two or More Offenses

If there are two or more offenses that led to convictions, the person must pay a fine of up to $2,000. Plus, they might be required to serve up to 180 days in jail and will have a criminal history.

Typically, the defendant will serve up to 40 hours of community service, suffer a driver's license suspension of 60 days, and complete the alcohol awareness program. Ultimately, the juvenile justice system doesn't mess around.

How Are Parents Involved?

Generally, the legal guardians or parents of the defendant will be required to pay any court fees.

Getting a MIP Criminal Record Expunged

It's possible to get a MIP charge removed from the juvenile records. However, the case must be handled correctly. If it's not resolved, one can be barred from getting the arrest expunged.

Not Paying the Fine

A parent and minor may arrive in municipal court without an attorney. The prosecutor often says that they can go to trial or pay the fine.

Most parents want things to go back to normal, but they should never pay the fine. This is similar to pleading guilty to the crime, so the conviction goes on the child's permanent criminal record.

How a Criminal Defense Attorney Assists

A criminal defense attorney in Fort Worth TX will send a letter of representation to move the setting to the Attorney Docket. Here, the parties involved won't do or say anything. The legal team will argue the case to get a better result. Our team can advise on how to expunge burglary charge in Texas as well.

Resolutions Allowed for an Expungement

To have a MIP charge expunged from a person's criminal record, the attorney must resolve the case in these ways:

1. Dismissal

If the criminal attorney negotiates a dismissal of the charges through lack of evidence, they are eligible to have the case expunged from the record.

Likewise, if the police officer doesn't show up to the trial, the case might be dismissed and eligible for expungement under this scenario.

2. Conditional Dismissal

When it's proven beyond a doubt that the child committed the MIP crime, they could still get the case dismissed through a conditional dismissal. Then, it can be expunged.

3. Not Guilty Verdict

Everyone has a right to a jury trial. If the criminal defense attorney brings the argument forth and receives a not-guilty verdict, the child is immediately eligible to have the record expunged.

What Happens in the Juvenile Court Hearing?

Though many individuals want to represent themselves, they're put in a Pro Se court setting and will directly negotiate with the prosecutor. Normally, they request that the person goes to trial or pays a fine.

Hiring a criminal attorney is the wisest choice. They will understand the legal process and can move it to a court setting to speak on behalf of the child and parent.

When the attorney can't reach a favorable resolution at the court date, they will likely move for a jury trial.

Why Hire a Criminal Defense Attorney

It's often best to hire a criminal defense attorney. They've been practicing law for many years and will understand the MIP charges and what that can mean for the person's livelihood later. They can also advise on how to expunge curfew charge in Texas.

Do you have an underage drinking record you want expunged? Luckily, it's possible, and Sparks Law Firm is the best solution. We will help you navigate the legal process and work hard on your behalf. Call to request your free consultation today.