Minor in Possession

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 a criminal offense, typically a misdemeanor. 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^{[citation needed]}. If sufficient evidence is shown to a police officer that the person under 21 has been drinking alcohol or is in possession of alcohol, an MIP may be issued to the underage drinker.^{[citation needed]}

In Washington State, the Court of Appeals has determined mere presence of alcohol in one's system is not enough on its own to support a conviction for MIP.^[1]

The term "Minor in Possession" is a misnomer, as except for residents of Mississippi and 18-year-old residents of Alabama and Nebraska, Americans between 18 and 20 years old are not minors.

Punishments

Punishments for MIP's 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 MIP citation. As such, each state levies its own fines and punishments for a MIP.

In some states, a simple first-time MIP without any other circumstances (such as driving or public intoxication) may only involve a fine of $100-500. 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.

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. RCW 66.44.270.^[2]

See also

• Alcohol consumption by youth in the United States
• National Minimum Drinking Age Act
• National Youth Rights Association

References

1. ^ http://www.cahoonlawoffice.com/mip.htm
2. ^ Washington State Legislature. "RCW 66.44.270; Furnishing liquor to minors". State of Washington. http://apps.leg.wa.gov/rcw/default.aspx?cite=66.44.270. Retrieved 13-Nov-2011.