Austin Minor Possession Defense

If a young person in your family has been charged with any of several criminal offenses related to underage drinking, get the advice of an experienced minor in possession defense lawyer to minimize the harmful consequences of the arrest. Contact Austin attorney Hector Gonzalez III for a free consultation about your options for resolving such charges as minor in possession or underage consumption of alcohol.

As an Austin criminal attorney, I also represent juveniles and underage college students on charges ranging from fake ID offenses to felonies such as hit-and-run accidents or vehicular manslaughter. The most serious charges along this spectrum can expose you to the risk of prison. My aggressive approach to the defense of these cases can make the most of your opportunities toward a favorable outcome.

Preserve the Future With an Austin Minor in Possession Lawyer

From my office in Austin Texas, as a minor in possession lawyer I represent students from University of Texas, Austin Community College & Texas State, After an arrest, I will consult with you & your parents plus develop a strategy to minimize the consequences of these criminal charges

§ 106.04 – Consumption of Alcohol by a Minor
(a–b) A minor commits an offense if they consume alcohol unless they are in the visible presence of, and have the consent of their adult parent, legal guardian, or spouse.
x
(c) An offense under this section is punishable as provided by §106.071.x
x
(d) A minor who commits an offense under this section and who has been previously convicted of offenses under this section is not eligible for deferred disposition.

§ 106.041 Driving Under the Influence of Alcohol by a Minor
(a) A minor commits an offense if they operate a motor vehicle in a public place while having any detectable amount of alcohol in their system
x
(b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor
x
(c–e) If the defendant has been previously convicted at least twice of an offense under this section, the offense is punishable by:
• a fine of $500 – $2,000, and/or ≤180 days confinement in jail; and
• perform community service which is related to alcohol misuse and/or prevention
- 20–40 hours, if never convicted of a similar offense
- 40–60 hours, if previously convicted of a similar offense
x
(f) A minor who commits an offense under this section and who has been previously convicted of offenses under this section is not eligible for deferred disposition.

§ 106.05 Possession of Alcohol by a Minor
(a) A minor commits an offense if they posses an alcoholic beverage
x
(b) A minor may possess an alcoholic beverage:
• while in the course and scope of the minor’s employment if the minor is an employee of a licensee or permitted and the employment is not prohibited by this code
• 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
• if the minor is under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code
x
(c) An offense under this section is punishable as provided by §106.071.

§ 106.06 Purchase / Furnishing of Alcohol to a Minor
(a) A person commits an offense if they provide an alcoholic beverage to a minor
x
(b) An alcoholic beverage may be provided to a minor by that minor’s adult parent, legal guardian, or spouse if they are visibly present when the minor possesses or consumes the alcoholic beverage
x
(c) An offense under this section is a Class B misdemeanor.

§ 106.07 Misrepresentation of Age by a Minor
(a) A minor commits an offense if they present a fake/altered driver license or falsely states that they are 21 years of age or older to a person selling or serving alcoholic beverage
x
(b) An offense under this section is punishable as provided by §106.071.

§ 106.071 Punishment for Alcohol-Related Offense by a Minor
(a) This section applies to an offense under §106.02, §106.025, §106.04, §106.05, or §106.07.x
x
(b) An offense to which this section applies is a Class C misdemeanor
x
(c–e) Punishment guidelines:
• a fine of $250–$2,000, and/or ≤180 days in jail; and
• community service related to alcohol misuse and/or prevention for:
- 8–12 hours, if never convicted of a similar offense
- 20–40 hours, if previously convicted of a similar offense
• suspension of driver license for:
- 30 days, if never convicted of a similar offense
- 60 days, if the second offense
- 180 days, if the third or more offense

Alcohol Awareness Course: Section 106.115, Alcoholic Beverage Code, requires minors convicted of first or subsequent offenses for the purchase, possession or consumption of alcoholic beverages to attend an alcohol awareness course approved by the department in addition to assessing a fine. Read More

Expungement Of Minor In Possession Sec. 106.12.  EXPUNGEMENT OF CONVICTION OF A MINOR.  (a)  Any person convicted of not more than one violation of this code while a minor, on attaining the age of 21 years, may apply to the court in which he was convicted to have the conviction expunged. Read More

I  work to safeguard the rights of my minor clients by taking cases to trial to compel the state of Texas & Travis County to prove criminal charges beyond a reasonable of a doubt. As an Austin Minor in Possession defense attorney, I have been successful in many cases obtaining case dismissals, deferred dispositions, or probation for both of first-time and repeat offenders. In all cases, a young person may regain a clean slate immediately or over a period of time.  If you would like to discuss your criminal charges in detail, feel free to contact me for a free phone consultation.