MIP Minor in Possession Michigan

HOW AN MIP ATTORNEY CAN HELP YOU WITH YOUR MINOR IN POSSESSION MICHIGAN CASE

As an MIP attorney, I often get the question, “How can you help me with my Michigan MIP? Below you will find a general outline of some steps that may be taken by your MIP lawyer. Keep in mind that your MIP case may require more or less steps than what is set out below as an example:

Your MIP attorney can prepare court documents such as motions and briefs.

Your Michigan MIP lawyer can obtain key evidence such as police reports and videos.

Strategy: An MIP attorney can determine the best way to proceed so as to achieve the best possible outcome for your Minor in Possession Michigan case. An MIP Lawyer can help you make important decisions on things like: pretrial/evidentiary hearings, witnesses and negotiation.

Negotiate: When it is advantageous, your MIP lawyer may negotiate a favorable plea.

Trial: When necessary, your Michigan MIP attorney can try your Minor In Possession Michigan case.

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TWO DIFFERENT LAWS FOR MINOR IN POSSESSION (MIP)

In Michigan, there are two different laws that apply to Minors in Possession of alcohol.  The most common is purchasing, consuming or possessing.  A less common offense is a minor transporting and possession of alcohol in a car. 

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INFORMATION ABOUT MINOR IN POSSESSION MICHIGAN MIP – PURCHASE, CONSUME AND POSSESS

Michigan law (MCLA 436.1703) prohibits minors (those under 21) from:

1. purchasing or attempting to purchase alcohol
2. consuming or attempting to consume alcohol
3. having any alcohol in their body defined as a blood alcohol level between .02 and a .08 or any alcohol present in the body

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PENALTIES FOR MINOR IN POSSESSION MICHIGAN MIP – PURCHASE, CONSUME AND POSSESS

Possible penalties depending upon whether it is a first or subsequent conviction are:

1. Jail for those convicted of more than one MIP and only upon a failure to successfully complete probation, treatment, counseling, screening, community service or to pay a fine.
2. Community Service
3. Alcohol Screening
4. Alcohol treatment/rehabilitation
5. Suspension of drivers license

GOOD NEWS – DISMISSAL OF FIRST MIP OFFENSE IS POSSIBLE

Charges will be dismissed for first time offenders who plead guilty and successfully complete probation.

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MIP MINOR IN POSSESSION DEFENSES

Defenses may provide the basis for your case being reduced, dismissed or for an acquittal. You can explore these possibilities with your Michigan MIP lawyer. Possible defenses to your Michigan Minor In Possession charge are:

- IMPROPER ARREST
The police must have probable cause to arrest.

- CHEMICAL TEST DEFICIENCY
The police may fail to follow proper procedure in the administration of any test or may fail to adequately maintain the device.  This may mean the device is unreliable or faulty.

- CONSUMING ALCOHOL IN PLACE WHERE LEGAL
If you are 19 or 20 years of age and you consumed the alcohol in Canada, this is a defense.

- JOB REQUIRES YOU TO POSSESS ALCOHOL
If your job requires you to possess alcohol, this is a defense.

- EDUCATION REQUIREMENT
If a class you are attending requires you to consume alcohol, then this is a defense.

- RELIGIOUS CEREMONY
If you consumed alcohol as part of a religious ceremony, this is a defense.

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INFORMATION ABOUT MICHIGAN MINOR IN POSSESSION – TRANSPORT AND POSSESS

Michigan law (MCLA 257.624(b) prohibits minors (those under 21) from:

1. Knowingly transporting or possessing alcohol in a motor vehicle

This law does not prohibit a minor from transporting alcohol as part of a job and does not prohibit a minor from transporting alcohol if a person 21 years of age or older is in the vehicle with the minor.

MIP – TRANSPORT AND POSSESS IS A CRIME

This is a misdemeanor.  Possible penalties are community service and substance abuse screening and assessment.

IMPOUNDMENT

Impoundment of the owner’s vehicle for 15-30 days is possible if the minor drove the vehicle with the owner’s express or implied consent or knowledge.  If the vehicle is needed by the owner for work or business, this may provide a defense to the impoundment.

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LOCATIONS AND COURTS

As a southeast Michigan attorney, Minor in Possession (MIP) issues can be handled in almost any location. I handle cases throughout Wayne, Oakland, Macomb, Washtenaw, Monroe and Livingston Counties. Call me for a free phone consultation.