Minor in Possession of Alcohol.

Everything you need to know about the criminal charge of minor in possession of alcohol you will find here.  In order to consume (drink), possess (in hand or in your body), or purchase alcohol or alcoholic beverages you must be 21 years old. It does not matter that for everything else you are considered an adult at age 18. You can  serve in the military, give your life for your country,  get married, get yourself drowning in credit card and student loan debt, and yet the law does not allow you to legally drink alcohol. While this may seem biased against young adults, the voters of Michigan made this rule and until it is changed, so it remains.

Things to know

> > In 2007 a federal judge struck down Michigan’s MIP law which required that all minors take a Preliminary Breath Test (PBT). Police officers cannot require that you take a PBT test, and there is no penalty for refusing it.

> > Visit our Page: College Students Rights and Legal Resource Page.

There are three different types of prohibited underage drinking in Michigan:

• Minor in Possession of Alcohol  (MIP)
• Minor with Open Alcohol in a Car  (Open Intox)
• Minor with Alcohol Driving a Car  (Zero Tolerance)

Minor in Possession (MIP)

Minor in possession (MIP) is the most common criminal charge for underage drinking. It is a misnomer, as a 'minor' is usually someone under the age of 18. However, anyone under age 21 cannot legally buy, drink, or possess any type of alcohol in Michigan. Simply holding an opened, empty beer can or a bottle of booze is enough, even if you have not drunk a drop! We know of underage minors who were busted for MIP based solely on a picture of them holding a beer can on Facebook!

If the cops can detect alcohol on your breath, you are holding a beer can, or (most common) if you admit to drinking alcohol, expect to be charged with Minor in Possession. (MIP) To be charged, you typically must have a blood alcohol content (BAC) of .02 or greater (approximately one drink or one shot) or you are caught with alcohol in hand or in your fridge.

A MIP is a criminal misdemeanor which goes on your permanent criminal history and your automobile driver's license. For a first offense, the fine is $100 and no jail. However, there are courts that place first offenders on probation and then jail them if they violate probation.

The fines and penalties increase for a second or third conviction, with possible jail time and mandatory driver's license suspensions.

Preliminary Breath Test (PBT).

See the portable machine over on the right? Yeah that one, also known as Mr. Incriminator. This machine is NOT your friend. Even though the law that required minors incriminate themselves was struck down as unconstitutional, police officers still use this type of portable breathalyzer (PBT) to determine who has been drinking — thus who will be charged (or not). The police count on you being nervous and not knowing your rights and admitting to "one drink."

The police will "ask" you to blow into the PBT. Frankly, it is our opinion that being "asked" by a police officer is so intimidating to someone under 21, that the police should be prohibited from even asking. To say 'no' to a police officer takes an awful lot of guts. Most were taught to obey cops without question,–  thus the request is easily interpreted as a demand. Interestingly, the City of Flint does not allow its police to "ask" minors to blow. Most remember well our first anxious encounter with a cop.

Here is a revelation: police officers put their pants on one leg at a time. You do not need to be afraid! Here is sage advice from our many years of criminal defense experience:

DECLINE the PBT and DECLINE to answer questions

The police cannot force you to blow or answer questions, and there is no penalty for refusing a PBT test (this assumes you are not the driver of a motor vehicle).  Not surprisingly, police use their status as police officers to intimidate you. They line everyone up and "ask" each person to blow in Mr. Incriminator. You assume that you must blow like everyone else, right? WRONG! If you do not blow into Mr. Incriminator the police will have to find some other way to prove you were drinking or possessed alcohol.

Here are  some common ways to get you to confess: "So, been drinking tonight," or "how many drinks did you have?" The cops will tell you that that if you take the Mr. Incriminator test you "won't go to jail," or that "it will go easier for you." Wrong again. This is NOT a jailable offense. You are not going to jail anyway. All you are doing by confessing is handing the police an easy case to convict you.  Do not fall for this ruse. Few people charged with MIP are arrested.  If they are, it is usually for some other reason. Too many admit to "well, I had one drink," as though this somehow makes things OK. But to be charged, it does not matter if it was one drink or ten.  If you confess you will be charged.

This is when you should exercise your constitutional right to remain silent! Simply politely, but firmly decline to answer any incriminating questions without an attorney. Let the cops ridicule you in front of your friends; you will have the last laugh when those that blow in Mr. Incriminator or confess are charged with MIP and you are not.

You live in a country which is still the "Land of the Free and the Home of the Brave." The only thing you must do is give your name, address, and an I.D. (if you have one). Then you say " Officer, I respect you and your job, but I have nothing to say without an attorney present."  No matter what the cops say, you repeat this line over an over.  If they threaten to arrest you, hold out your wrists. 

If you answer incriminating questions, rest assured that you will NOT be cut any slack and that your answers WILL be used against you in court. By the time you are read your Miranda warnings it is too late.

What to do at your First Court Appearance

Because most young people make the mistake of either blowing into Mr. Incriminator or admit to drinking, there are thousands of MIP citations issued every year. Since underage drinking is common, many think of a Minor in Possession (MIP) charge as no big deal. Most of their friends have one, many treat it as a badge of honor.  Do not be a sheep and follow the herd.  Here is our sage advice after personally witnessing hundreds of students naively plead guilty at their first court appearance (arraignment):

Do NOT Plead Guilty! An MIP is a Criminal Misdemeanor that will affect your future.

There is a First Offender Diversion Program

Plead NOT GUILTY at your arraignment (usually your first court date) and then hire an MIP lawyer. You may qualify under the First Offender program (no permanent criminal conviction) or there may be another way of keeping your criminal record clean.

The confusing part is that the MIP ticket looks just like a speeding ticket; rest assured it is not! If you plead guilty and pay an MIP citation, you are admitting guilt to a criminal offense that will stay on your criminal history the rest of your life. It is also automatically placed on your master driving record, even though the drinking offense had nothing to do with driving a car.

Having a criminal conviction can affect your driver's license, your ability to get a job, and your eligibility for grants, admission to schools, and scholarships. It can also affect what jobs you get years later. Think you want to be a teacher or a school bus driver. An MIP can ruin that dream. Since an MIP conviction is put on your permanent automobile driving record, it will affect your insurance rates and potentially place you in a high risk pool or make you uninsurable (if you doubt this, just ask your parents).

MIP – Transport or Possess Alcohol in a Car

A minor (under age 21) is prohibited from transporting or possessing alcohol in a car. Although this charge is rarely used, what it means is that if you are under age 21 you cannot transport or possess alcohol in a motor vehicle. So, whether the beer cans are open or closed makes no difference. You can be charged with this crime even if your car is sitting in a parking lot! Do not keep empty beer cans or alcohol bottles in your car at any time.

This offense is a criminal Misdemeanor and your car can be impounded. You cannot be charged if you have an accompanying adult (age 21) with you in the car, or if your job requires that you transport alcohol.

MIP – Driving a Car – Zero Tolerance

Zero Tolerance is an underage individual (under age 21) that operates a 'motor vehicle,' with a blood alcohol level (BAC) of .02 to .08. Zero Tolerance is 'drunk driving' for those under age 21. It has the same effect and penalties as drunk driving (DUI) or Operating under the Influence (OWI) or Impaired Driving.

This is a serious charge, because not only do you get a criminal conviction on your record, but it placed on your driver's license where it stays forever. Aside from the criminal penalties, which include possible jail time, fines, and court costs, the state puts four points on your driver's license and revokes your license for six months. You are also sent a bill of $500 for two years for being a "bad driver" (a/k/a the Michigan Driver's Responsibility Fee). Don't drink and drive is something you should pay serious attention to if under 21.

Conclusion

The State of Michigan has some of the toughest Zero Tolerance and underage drinking laws in the country. An MIP can only be given to someone under age 21. You have your entire life ahead of you. Decline the PBT test, decline to answer questions. Take the time to get legal advice and don't let one mistake ruin your future.