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Consumption of Alcohol by Minor

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jennavdb

Junior Member
What is the name of your state (only U.S. law)? Texas

So this weekend, I was issued an M.I.C. or consumption of alcohol by a minor ticket. This ticket was issued by school police. They did not do a breathalyzer, but I'm not sure if that would even make a difference. I have no prior tickets of any sort and have never been in trouble with the law before. I am wondering what the most likely punishment will end up being. On the ticket, it says that I was throwing up in a bathroom and that I admitted to drinking alcohol. Since I have never been in any trouble before, I am wondering what the consequences will be. Is it likely that I will be able to get it taken off my record? Since I am a college student will that be to any advantage? Any sort of help or insight would be greatly appreciated.
 


jennavdb

Junior Member
I threw up once inside the bathroom and yes I had been drinking that night. I have drank before, but this was the first night that I had gotten drunk really.
 

Isis1

Senior Member
I threw up once inside the bathroom and yes I had been drinking that night. I have drank before, but this was the first night that I had gotten drunk really.
not that ignorance is a legal excuse, but you are aware that drinking ANY amount of alcohol is illegal for you? right?
 

jennavdb

Junior Member
I am aware of that. I am mainly just wondering what the consequences will be since I am obviously going to tell the truth, not lie like many other people do thinking that it will help them get less of a punishment.
 

Isis1

Senior Member
i stole this from another poster (thanks mommyof4)

http://www.tabc.state.tx.us/leginfo/minorcode.htm
<B>

Sec. 106.071. PUNISHMENT FOR ALCOHOL-RELATED OFFENSE BY MINOR


(a) This section applies to an offense under Section 106.02, 106.025, 106.04, 106.05, or 106.07.
(b) Except as provided by Subsection (c), an offense to which this section applies 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 to which this section applies, the offense is punishable by:
(1) a fine of not less than $250 or more than $2,000;
(2) confinement in jail for a term not to exceed 180 days; or
(3) both the fine and confinement.
(d) In addition to any fine and any order issued under Section 106.115:
(1) the court shall order a minor placed on deferred disposition for or convicted of an offense to which this section applies to perform community service for:
(A) not less than eight or more than 12 hours, if the minor has not been previously convicted of an offense to which this section applies; or
(B) not less than 20 or more than 40 hours, if the minor has been previously convicted once of an offense to which this section applies; and
(2) the court shall order the Department of Public Safety to suspend the driver's license or permit of a minor convicted of an offense to which this section applies or, if the minor does not have a driver's license or permit, to deny the issuance of a driver's license or permit for:
(A) 30 days, if the minor has not been previously convicted of an offense to which this section applies;
(B) 60 days, if the minor has been previously convicted once of an offense to which this section applies; or
(C) 180 days, if the minor has been previously convicted twice or more of an offense to which this section applies.
(e) Community service ordered under this section must be related to education about or prevention of misuse of alcohol if programs or services providing that education are available in the community in which the court is located. If programs or services providing that education are not available, the court may order community service that it considers appropriate for rehabilitative purposes.
(f) In this section:
(1) a prior adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered a conviction; and
(2) a prior order of deferred disposition for an offense alleged under this section is considered a conviction.
(g) In this section, "child" has the meaning assigned by Section 51.02, Family Code.
(h) A driver's license suspension under this section takes effect on the 11th day after the date the minor is convicted.
(i) A defendant who is not a child and who has been previously convicted at least twice of an offense to which this section applies is not eligible to receive a deferred disposition or deferred adjudication.
NOTE: Sec. 106.071 (f) and (i) amended by House Bill 1575, Regular Session, 2005. Except as otherwise provided by this section, this Act applies only to conduct that occurs on or after September 1, 2005. Conduct violating the penal law of this state occurs on or after September 1, 2005, if any element of the violation occurs on or after that date. Conduct that occurs before September 1, 2005, is governed by the law in effect at the time the conduct occurred, and that law is continued in effect for that purpose.</B>





As it is your first offense, you are basically looking at a fine, suspension of your driver's license, and/or community service. I'm not saying that your consequences will include ALL of that, but be prepared that it may
 

jennavdb

Junior Member
Is it likely that I will be able to get it removed from my record by taking an alcohol awareness class or something like that?
 

jennavdb

Junior Member
Okay thank you. I have heard of many college kids who have gotten M.I.C.'s and have had them removed from their record after some kind of community service or class so I am hoping this is the case.
 

Isis1

Senior Member
Okay thank you. I have heard of many college kids who have gotten M.I.C.'s and have had them removed from their record after some kind of community service or class so I am hoping this is the case.
they also have to stay out of trouble during the deferred (probation) time. so keep that in mind. stop drinking until you are of legal age. you have so many years ahead of you to destroy your liver and kidneys.:)
 
Maybe the kid went to church and had wine (like 20 services). Now, did the OP admit to WHERE he drank? If not, then they would have to prove where he drank .... since so much time elapsed its possible he drank at another state.
 

mistoffolees

Senior Member
Maybe the kid went to church and had wine (like 20 services). Now, did the OP admit to WHERE he drank? If not, then they would have to prove where he drank .... since so much time elapsed its possible he drank at another state.
Please stop giving stupid advice.

Okay thank you. I have heard of many college kids who have gotten M.I.C.'s and have had them removed from their record after some kind of community service or class so I am hoping this is the case.
Many (if not most) of them probably had attorneys. I would suggest that you get one.

And stop drinking.
 

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