This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. In the United States, a Minor in Possession, or a MIP, (also referred to as a PAULA, Possession of Alcohol Under the Legal Age) is any person under the legal drinking age of 21 who possesses or consumes alcohol. Underage consumption is illegal, typically a misdemeanor. In California, depending on the county in which the person is charged, the crime may also be charged as an infraction.[1] Anyone who is under the age of 21 and possesses alcohol in the United States, with the exception of special circumstances, is violating the law of the state.[2] Punishments for minors in possession vary greatly from state-to-state. Since alcohol enforcement (and the establishment of drinking ages) is the responsibility of the individual states, only local and state agencies can legally write a minors in possession citation. As such, each state levies its own fines and punishments for a minors in possession.
In some states, a simple first-time minors in possession without any other circumstances (such as driving or public intoxication) may only involve a fine of $100–200. Often fines are reduced or eliminated provided the person convicted completes a program such as alcohol education, probation, or community service. In some states, a fine is eliminated, supplemented or accompanied with a loss of the accused driver license for a period of time ranging from 30 days to 12 months. For example, violation of California's Business & Professions Code Section 25662, regarding persons under 21 in possession of alcohol, carries a punishment of $250 and a mandatory revocation of driving privileges for one year in accordance with Vehicle Code Section 13202.5.
Some states, such as Virginia, allow social drinking with parental approval on private property. However, it is an affirmative defense to a charge of underage possession of alcohol, and a defendant would need to prove it was permissible. [3] Subsequent offenses or a person with a preexisting criminal record may frequently receive a full fine, or in some extreme cases, several days in jail. In many cases a third MIP may result in a loss of the accused driver's license until the age of 21.
In Washington state, the statutes impose that: providing to and possession of alcohol by minors (persons under 21) is a gross misdemeanor with a potential of $5,000 and a year in jail. Washington State's law does not apply to liquor given or permitted to be given to a person under the age of twenty-one years by a parent or guardian and consumed in the presence of the parent or guardian. Additionally, this RCW does not authorize consumption or possession of liquor by a person under the age of twenty-one years on any premises licensed by the state, such as a bar or restaurant. Also, A person under the age of twenty-one years who experiences alcohol poisoning and is in need of medical assistance shall not be charged or prosecuted under subsection (2)(a) of this section, if the evidence for the charge was obtained as a result of the poisoning and need for medical assistance.[4]
Find sources: "Minor in Possession" – news · newspapers · books · scholar · JSTOR (August 2007) (Learn how and when to remove this template message)
- Alcohol consumption by youth in the United States
- National Minimum Drinking Age Act
- National Youth Rights Association
- ^ "Alcohol and the Law: Minor in Possession (MIP) and Fake ID". Division of Student Affairs. University of California, Berkeley. Retrieved 10 July 2017.
- ^ "Underage Drinking: Possession/Consumption/Internal Possession of Alcohol". Alcohol Policy Information System. National Institute on Alcohol Abuse and Alcoholism. Archived from the original on 26 June 2017. Retrieved 10 July 2017.
- ^ "§ 4.1-305. Purchasing or possessing alcoholic beverages unlawful in certain cases; venue; exceptions; penalty; forfeiture; deferred proceedings; treatment and education programs and services". law.lis.virginia.gov.
- ^ "RCW 66.44.270: Furnishing liquor to minors—Possession, use—Penalties—Exhibition of effects—Exceptions". apps.leg.wa.gov.
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We all hope that our children make good choices. Unfortunately, the high school and college years are filled with opportunities to get in trouble. If your child has a minor in possession (MIP) charge, your first step should be to call a criminal defense attorney. A defense attorney can help secure the best legal outcome for your child so one mistake doesn’t rule the rest of their life.
Continue reading to learn more about your teen’s MIP charge and how a defense lawyer can help. Beurkens Law is here to make sure that your rights are protected and you get the legal counsel you need. For more information, set up a consultation with one of our criminal defense lawyers who specialize in MIP cases.
Minor in Possession
The legal drinking age in Michigan is 21. A minor in possession (MIP) means that your child had alcohol in their possession, attempted to buy alcohol, or drank alcohol while under the legal drinking age. If your child is facing charges for underage drinking, call a criminal defense attorneyas soon as possible.
First Time Offenders
If your child is a first-time offender, they may be eligible for an MIP diversion program. This means that the judge would choose not to enter a conviction provided that your child successfully completes a probationary period. During this period, your child would have to attend counseling, go to AA meetings, and avoid further legal trouble.
**Program requirements vary by district court.
MIP Consequences
Teenagers tend to live in the moment, making it hard for them to understand how an MIP conviction will affect them in the future when they want to apply for colleges, jobs, and apartments. Our criminal defense attorney can help your teen understand the consequences of their actions and what they’ll need to do moving forward.
MIP consequences include:
- Losing eligibility for federal student aid
- Being rejected by colleges
- Having fewer choices for college majors and careers
- Having difficulty finding or keeping a job
- Having difficulty getting housing
- Spending time behind bars
- Having driver’s license sanctions
Don’t underestimate the consequences of a MIP conviction. Call an attorney today to learn how your child can move forward after being charged with underage drinking. For example, our defense lawyer may be able to argue that there was no alcohol in the open container found in your child’s possession. The criminal defense we use depends on the circumstances surrounding your child’s case.
Campus Crime
Your college student could be especially vulnerable to a MIP charge if they’re living away from home for the first time. Since college students are away from their support systems, they need a criminal defense attorney as soon as possible.
Another reason why it’s vitally important to hire an attorney is to prevent your college student from losing their driver’s license if they’re charged with a DUI. Many college students depend on their driver’s license to drive to school, internships, and jobs. Other DUI consequences could include losing scholarship funding or even being expelled from their dream college.
Request a Consultation
If your child has been charged with underage drinking, call our law firm as soon as possible. To request a consultation with one of our Grand Rapids defense attorneys, call Beurkens Law at (616) 459-5344.
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This blog post has been updated.