Minor In Possession

In the United States, a minor in possession, or an MIP, (also referred to as a PAULA, Possession of Alcohol Under the Legal Age) is a misdemeanor. Anyone who is under the age of 21 and drinks alcohol in America, with the exception of special circumstances, is violating the law of the state. If sufficient evidence is shown to a police officer that the minor has been drinking alcohol or is in possession of alcohol, an MIP may be issued to the minor.

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. [http://www.cahoonlawoffice.com/mip.htm]

Punishments

Punishments for MIP's vary greatly from state-to-state. Since alcohol enforcement (and the establishment of drinking ages) are 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's 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 minors 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.