MIP
class is required for Texas Minor in Possession
(MIP) and certain other offenses. Texas
law approves the use of DADAP online as an alternative
to a traditional in-person MIP class.
The online DADAP course has
been approved by the Texas Education Agency for
Texas courts to use when referring individuals to
remedial training for certain drug and alcohol related
offenses such as Minor in Possession charges. If
you have received permission from a Texas court
or judge to take the DADAP course to satisfy your
requirement to attend an MIP class / alcohol awareness
course, please click on the button below
to sign up.
Which Texas
law authorizes the use of DADAP as an alternative
to a traditional MIP class / alcohol awareness
class?
The use of DADAP as a State approved alternative
to an in-person MIP class or alcohol awareness
class is authorized by
Section 469 of the Texas Health & Safety Code.
§469.007 of the Texas
Health & Safety Code reads in part, "In
addition to using a drug court program established
under Section 469.002, the commissioners court
of a county or a court may use other drug awareness
or drug and alcohol driving awareness programs
to treat persons convicted of drug or alcohol
related offenses." According to the provisions
of this law, a Texas judge or court has the authority
to order an individual to attend a DADAP course
in lieu of an MIP class. The availability of online
DADAP for this purpose is of great benefit to
courts when there is no MIP class / alcohol awareness
class available, those same classes are full,
or no such classes are offered close by.
Judges
and court officials may learn more about the legal
authority for use of DADAP by clicking on this
link.
What is DADAP?
DADAP is an acronym that means Drug and Alcohol
Driving Awareness Program. This 6-hour drug and
alcohol education course was developed by our
company, Driver Training Associates, Inc., to
teach students about the dangers of driving after
drinking alcohol or using other types of drugs.
Until recently, this course was only available
in the classroom. The DADAP curriculum addresses
all of the topics included in a standard MIP class,
as well as additional information regarding traffic
safety. Unique to the DADAP course is the concept
of Attitude States, which relates the attitudinal
disposition of the driver as various psychological
forces compete to control his or behavior behind
the wheel. DADAP teaches that each driver has
three Attitude States in control of his or her
personality at any given time — the Parent
Attitude State, the Adult Attitude State, or the
Child Attitude State. By remaining in the Adult
Attitude State as often as possible, a driver
is best equipped to avoid risks while driving
and to make intelligent decisions, such as the
important decision to NOT drive after drinking
or using drugs.
What does "Minor
in Possession" mean?
A Minor in Possession offense indicates that an
individual under the age of 21 has possessed or
had contact with an alcoholic beverage. Section
106.01 of the Texas Alcohol Beverage Code relates
the following concerning the minor in possession
offense:
106.01(a) A minor commits an offense if the minor
purchases an alcoholic beverage. A minor does
not commit an offense if the minor purchases an
alcoholic beverage under the immediate supervision
of a commissioned peace officer engaged in enforcing
the provisions of this code.
106.01(b) An offense under this section is punishable
as provided by Section 106.071.
106.025(a) A minor commits an offense if, with
specific intent to commit an offense under Section
106.02 of this code, the minor does an act amounting
to more than mere preparation that tends but fails
to effect the commission of the offense intended.
106.025(b) An offense under this section is punishable
as provided by Section 106.071
Thus, a minor can
be charged with a Minor in Possession offense
if he or she has control over an alcohol beverage
in any way. Exceptions to this would include if
the minor's contact with alcohol is part of his
or job (and the employer is allowed to sell alcohol),
if the contact with alcohol was made while in
the presence of his or her parent or legal guardian
with their permission, or if contact was made
while assisting a commissioned peace officer in
the enforcement of the law. In many cases, a minor
convicted under one or more of the sections related
above will be required to complete a State approved
MIP class (DADAP can be used an alternative to
this type of class, as explained above).
An MIP citation is similar to a traffic citation
in some respects. Both types of citation denote
the violation and assign a court date with which
the offender must comply. An MIP offense requires
that the defendant enter a plea of guilty, not
guilty, or no contest. The maximum penalties for
an MIP conviction can include a $500 fine, suspended
license, community service, and attendance of
an MIP class. More than two convictions of a minor
in possession charge can result in possible jail
time and a fine of $2,000.
NOTE: DADAP
cannot be used to dismiss a Texas traffic ticket.
If you need a ticket dismissal course
(driving safety course), click
here.
