Users' questions

Can you get an MIP with unopened alcohol?

Can you get an MIP with unopened alcohol?

Proving a MIP Charge You don’t have to be driving under the influence or even legally drunk to face MIP charges. Simply holding an alcoholic drink, even an unopened one, can be enough for a MIP citation.

What happens to a minor in a MIP case?

Some states strictly enforce MIP laws and prosecute minors to the fullest extent of the law. In other states, however, a minor in an MIP case may be able to receive probation by entering a court-ordered diversionary program (similar to those offered to DUI offenders ), getting medical help, and staying out of trouble. MIP Laws: What Are They?

Do you have to be under drinking age to be convicted of MIP?

If you are holding an unopened beer, and you are under the state’s drinking age, you can still be convicted of a MIP offense. You also don’t have to be legally drunk under your state’s DUI laws to be found guilty of MIP.

What makes Missouri unique among states with MIP laws?

Missouri is unique among states with MIP laws because it has a detailed section describing what must be proven by the state when prosecuting a minor for possession of intoxicating liquor. In Missouri, an unopened container that has manufacturer’s seal and labeling that indicates the container holds alcohol is presumed to contain alcohol.

What are the defenses to the MIP charge?

Some MIP defenses include the following: There Was No Alcohol in the Container Held by the Minor: The burden is on the defendant to show that the container they were holding lacked alcohol. The Minor Legally Consumed Alcohol: Some states allow 19 and 20 year olds legally consume alcohol.

Can a minor be charged with a MIP?

Minors can be charged with an MIP offense for consuming alcohol in public, possessing alcohol, purchasing alcohol, or even holding an unopened container. It is illegal for any person under the age of 21 to drink or possess alcohol. A violation of this law will result in the following penalties:

What are the laws on underage drinking and MIP?

Underage Drinking and Minor-in-Possession Laws. Underage-drinking and MIP laws prohibit alcohol possession for those younger than 21. Underage-drinking laws and other criminal statutes punish minors who are illegally in possession of alcohol.

How old do you have to be to get a minor in possession citation?

These laws are often referred to as Possession of Alcohol Under the Legal Age (PAULA laws) or Minor in Possession Laws (MIP laws). In numerous cases people, who are charged with MIP cases may actually be legal adults (between the ages of 18 and 21), but are still defined as minors in terms of the ability to possess or consume alcohol.

Some MIP defenses include the following: There Was No Alcohol in the Container Held by the Minor: The burden is on the defendant to show that the container they were holding lacked alcohol. The Minor Legally Consumed Alcohol: Some states allow 19 and 20 year olds legally consume alcohol.