Texas Teens Beware: This Law Can Get You in Big Trouble

Busted in Texas: The One Law That Can Get Every Teen in a Car Arrested for Alcohol Possession

It’s Texas Music Festival time! While most events are BYOB, you better FYI the MIP laws because one wrong move could land you (and your friends) in serious legal trouble.

Think an open bottle of alcohol in a car only gets the driver in trouble? Think again! In Texas, every teenager in the vehicle can face serious charges—even if they never took a sip. Here’s what you need to know before a fun night turns into a nightmare.

Texas’ Tough Minor in Possession Laws

Under Texas Alcoholic Beverage Code § 106.05, it is illegal for anyone under 21 to possess alcohol, period. Possession doesn’t just mean drinking or holding it. If alcohol is in a car with teenage passengers, law enforcement can charge everyone with Minor in Possession (MIP) if they had access to it.

But wait, it gets worse. If the bottle is open, the driver could face even bigger consequences under Texas’ open container laws and, in some cases, Driving Under the Influence (DUI) of Alcohol by a Minor (which has a stricter standard than a DWI).

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Who Gets Charged? Here’s How It Works

If a group of four teenagers is in a car and a bottle of alcohol is sitting in a cup holder or on the floorboard, all four could be cited for MIP, including:

• The driver, even if they’re completely sober
• Any passenger within arm’s reach of the alcohol
• Anyone in the car, unless they can prove they had no knowledge of the alcohol

Fun Fact: Texas law doesn’t require physical possession for an MIP charge. If it’s within “constructive possession” (meaning you have access to it), you’re at risk.

The Driver Faces Even Bigger Trouble

If the driver is under 21 and has an open container in the vehicle, they could be charged with:

• Possession of an Open Container – Illegal under Texas Penal Code § 49.031
• DUI by a Minor – Even if their BAC is below 0.08%, any detectable alcohol can result in a DUI charge
• MIP – Just like the passengers, the driver is not exempt

Warning: Texas has a zero-tolerance policy for underage drinking and driving, which means any detectable amount of alcohol can lead to a charge, even if it’s just a sip.

What Happens If You Get Caught?

A first-time MIP offense in Texas is a Class C Misdemeanor, which means:

1. Fine up to $500
2. Mandatory alcohol awareness course
3. Community service (8-40 hours)
4. Driver’s license suspension (30-180 days)

Repeat offenses? The penalties get even harsher, with increased fines and longer suspensions.

Possible Defenses: Can You Fight the Charge? While MIP charges are serious, there are some defenses:

• Lack of Possession – If you can prove you had no knowledge or control over the alcohol, you might avoid charges.
• Parent or Guardian Exception – Minors can possess alcohol in Texas ONLY if a parent, legal guardian, or spouse over 21 is present (not applicable in this case).
• Religious or Work Exceptions – Some minors working at restaurants or involved in religious ceremonies are exempt, but this doesn’t apply inside a vehicle.

Final Thought: Don’t Let One Mistake Ruin Your Future

Even if no one in the car was drinking, just having alcohol within reach is enough for a charge. Texas doesn’t play around when it comes to underage drinking laws, and one mistake could cost a teen their license, a hefty fine, and a permanent record.

Moral of the story? If you're under 21, keep alcohol out of your car. It’s not worth the risk.

What do you think? Did you know this Texas law could land every teen in the car in trouble? Let us know in the comments!