Lena Savoie
Getting arrested for alcohol possession as a minor can be a harrowing experience and can have serious consequences. In the United States, the legal drinking age is 21 years, and it is a misdemeanor criminal offense for anyone underage to purchase, consume, or possess alcohol. While the circumstances determine the punishment, it can include fines, alcohol counseling, community service, and driver's license revocation. Repeat offenses typically result in more severe penalties. Being arrested can be a frightening and confusing experience, and it is important to understand your rights and options, such as seeking legal counsel and having the violation expunged from your record.
| Characteristics | Values |
|---|---|
| Age | Under 21 |
| Offense | Minor in Possession (MIP) |
| Punishment | Fines, community service, alcohol education, driver's license suspension, probation, jail time |
| Expungement | Requires a clean record for several years, faster if charges are dismissed |
| Police tactics | Intimidation, abuse of authority, ruses |
| Court process | Questionnaires, income and net worth assessment, public defender option |
| Costs | Court fees, alcohol class fees |
| Parental involvement | Parents/guardians notified if under 18, parents may face charges for supplying alcohol |
| Additional charges | Theft, burglary, disorderly conduct |
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What You'll Learn
Minor in Possession (MIP) is a misdemeanour
Minor in Possession (MIP) laws are criminal laws that vary from state to state. These laws primarily deal with the possession or consumption of alcohol by a person under the age of 21. In most jurisdictions, a MIP conviction is a misdemeanour that can potentially affect job opportunities and school applications in the future.
MIP laws were created to educate minors about the dangers of drinking and driving, as well as to provide chemical dependency treatment and help for minors. The penalties for a MIP conviction vary from jurisdiction to jurisdiction, but the most common punishments include fines, revocation of a driver's license, community service, diversion to a rehab or alcohol education program, substance abuse counselling, and possible incarceration.
It is important to note that a minor does not have to be driving under the influence or be legally drunk to face MIP charges. Simply holding an alcoholic drink, even if it is unopened, can be enough for a MIP citation. Possession of alcohol by a minor can fall under three categories: simple possession, constructive possession, and possession by consumption.
If a minor or their relative is arrested for being in possession of alcohol, it is recommended that they contact a criminal defence attorney as soon as possible. An attorney can help build a strong defence, challenge evidence, and seek reduced penalties or alternatives to a conviction, such as participation in an education program or community service.
In some cases, MIP charges may be dismissed or expunged, especially if it is a first-time offence. However, the process for expungement can vary depending on the state and the outcome of the case.
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Potential fines of $300 or more
The potential fines for alcohol possession vary depending on the location and the specifics of the case. Here are some scenarios where fines of $300 or more may be imposed:
Underage Possession:
In many states, it is illegal for minors to possess or consume alcohol. The penalties for underage alcohol possession can vary, but they often include fines. The amount of the fine can differ based on the state and the number of offenses. For example, in Montana, a person under 18 years of age convicted of possessing an intoxicating substance may face a fine ranging from $100 to $300 for a first offense. For subsequent offenses, the fine can increase to a minimum of $300 and a maximum of $900.
DUI/DWI Convictions:
Driving under the influence (DUI) or driving while intoxicated (DWI) convictions often carry significant penalties, including fines. The fines for a first DUI/DWI offense can be as low as $470, but additional charges can bring the total minimum charges to $3,470. For a third offense, the fines and charges can be at least $1,220, not including court and legal fees.
Drug-Free School Zones:
Special provisions exist for drug and alcohol offenses that occur on or near school property. If an individual is convicted of possessing or distributing a controlled substance within 1000 ft of school property, they may face a fine of up to $100,000, depending on the amount of the substance possessed.
Open Container Laws:
In some states, there are specific fines for possessing open containers of alcohol in vehicles or in public places. For example, in New Jersey, the penalty for possessing an open container of alcohol in a car is a $200 fine for a first offense and a $250 fine or 10 days of community service for a second offense. In New Brunswick, the penalty for possessing and consuming alcohol in public is a fine of $100 to $1000 and/or a 90-day jail term.
False ID and Transfer of ID:
Using a false ID or transferring an ID to obtain alcohol can result in significant fines. In New Jersey, a person convicted of selling, offering, or transferring a false ID may face a fine of $1000 and a possible jail term of 4 years or more. Additionally, a person who is underage and uses another person's ID to obtain alcohol may face a fine of up to $300 or up to 60 days in jail.
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Parents/guardians may be notified
If your underage child has been arrested for alcohol possession, it's important to understand the potential legal consequences and take appropriate steps to support them. Here's what you need to know:
Legal Consequences:
Firstly, it's essential to recognize that underage alcohol possession is typically classified as a misdemeanor criminal offense. This means that your child may face legal penalties, including fines, community service, alcohol counseling or education classes, and driver's license suspension or revocation. The specific penalties can vary depending on your state laws and your child's age. In some states, a Minor in Possession (MIP) charge may not lead to an arrest, but it is still a serious matter.
Notification and Involvement:
As a parent or guardian, you will likely be notified if your child is under 18 and involved in an alcohol-related incident. This notification process can vary depending on local laws and procedures. It's important to be aware that if you supplied the alcohol to your child, you could face serious legal consequences, including potential charges related to endangering a minor.
Supporting Your Child:
Dealing with an arrest can be a challenging and stressful experience for your child. It's crucial to offer them emotional support and guidance throughout the legal process. Encourage open communication and help them understand the seriousness of the situation. Consider seeking legal advice together to navigate the best path forward. Depending on the circumstances, your child may benefit from counseling or support groups specifically tailored for minors facing similar challenges.
Expungement:
In the long term, it's important to understand the process of expungement, which can help clear your child's criminal record. Typically, you'll need to wait several years while maintaining a clean record before applying for expungement. The timeframe and eligibility for expungement can vary depending on the specific charges and the outcome of the case.
Preventative Measures:
Finally, use this experience as an opportunity to educate your child about the risks and consequences of underage alcohol possession and consumption. Encourage open dialogue about substance use and help them develop healthy coping strategies. It's important to reinforce the message that alcohol is off-limits to minors for essential health and safety reasons.
Remember, each state has its own legal processes and penalties, so seeking specific legal advice is crucial to understanding your child's rights and options.
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Possible alcohol education course
Alcohol consumption by minors is considered a serious offence and can lead to a range of consequences, including fines, community service, and even jail time. To avoid these penalties and educate minors about the dangers of alcohol, many states offer alcohol education courses as an alternative punishment. Here is a possible outline for such a course:
Understanding Alcohol Laws and Consequences
The first module would focus on helping minors understand the legal implications of alcohol possession and consumption. This includes explaining laws such as the minimum legal drinking age, zero-tolerance policies for underage drinking, and the penalties for underage possession, including fines, driver's license suspension, and even criminal records.
Alcohol's Impact on the Developing Brain
This section would educate minors about the unique risks alcohol poses to their still-developing brains. It would cover the potential cognitive, behavioural, and health consequences of underage drinking, including impaired brain development, increased risk of addiction, and long-term mental health issues.
Recognising and Avoiding Risky Situations
Here, participants learn to identify high-risk situations that may involve alcohol, such as peer pressure at parties or social events. They will be equipped with strategies to refuse alcohol safely, assertively, and confidently. The course will also emphasise the importance of responsible decision-making and provide alternatives to risky behaviours.
Alcohol's Impact on Society
Participants will learn about the broader societal impact of alcohol abuse, including alcohol-related crimes, accidents, and public health issues. This module aims to foster empathy and awareness of the potential consequences of their actions on themselves and those around them.
Healthy Alternatives and Positive Choices
The final module focuses on empowering minors to make positive choices and lead healthy lifestyles. It involves exploring fun, alcohol-free alternatives, promoting physical and mental well-being, and providing resources for ongoing support and healthy decision-making.
The goal of this course is not only to impart knowledge but also to encourage reflection and behavioural changes that will help minors make informed and responsible decisions regarding alcohol.
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Driver's license suspension
In the United States, driving under the influence of alcohol is a criminal offence. The penalties for a DUI conviction can include fines, probation, community service, mandatory alcohol education, and even jail time. In addition, those convicted of a DUI offence will often face driver's license suspension or revocation.
In California, when a driver is arrested for DUI, they are typically notified of an impending administrative driver's license suspension set to begin 30 days after the arrest date. The California DMV only issues an administrative suspension for drivers with a blood alcohol content of 0.08 percent or higher. If the driver or their attorney requests an administrative hearing, the suspension will be stayed pending the hearing. If the driver's BAC is found to be under the limit, the suspension will be set aside, and their license will be reinstated.
In Massachusetts, drivers arrested for Operating Under the Influence (OUI) are required to consent to a chemical test to determine their Blood Alcohol Concentration (BAC). Refusal to take the test will result in an administrative penalty in the form of a suspension. If the driver is 21 or older and has a BAC of 0.08% or greater, their driver's license will be suspended for 30 days. The RMV will also consider the driver's entire driving history when calculating an OUI suspension.
Research has found that license suspension policies can be effective in reducing alcohol-related crashes and fatalities. A study in Ontario, Canada, found a 17% decrease in fatalities and injuries after the enactment of a law requiring immediate roadside license suspensions for drivers with BACs from .05 to .08 g/dL. Similarly, a study by Fell and Scherer (2017) found that states with license suspension laws had lower rates of drinking drivers in fatal crashes, particularly when suspensions were 91 days or longer.
It is important to note that the reinstatement process may vary depending on the state and the specific circumstances of the case. In some states, drivers may need to wait several years with a clean record before requesting an expungement. Additionally, drivers may be required to have an Ignition Interlock Device (IID) installed in their vehicle to have their driving privileges reinstated.
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Frequently asked questions
The legal drinking age in the US is 21 years.
If you are caught with alcohol and are underage, you can be charged with Minor in Possession (MIP) or Minor in Consumption (MIC). The punishment for a conviction may include fines, alcohol classes, community service, and driver's license revocation.
If you are stopped by the police, you have the right to refuse a breathalyzer test. However, it is important to remain polite and firm and request to speak to a lawyer.
Yes, most states allow you to expunge the violation from your criminal record, especially if it is your first offense. An expungement involves sealing your record, so you do not have to disclose the conviction when applying for college, jobs, or housing.
