Minor in Possession of Alcohol: MIP Laws & Penalties

Minor in possession laws target sales of alcohol to minors and public possession of alcohol by minors. Since the passage in 1984 of the National Minimum Drinking Age Act (23 U.S.C.A. § 158), all states have had to raise their minimum drinking age to 21. States that did not risked lowering the amount of highway funds they receive under the Federal Highway Act. All states presently comply with the Drinking Age Act.

Importantly, the national law (and most state counterparts) target public possession, not private possession (although some states have additional laws concerning alcohol possessed or consumed on private property).

What is “Alcohol”?

The Drinking Age Act defines alcohol as

“beer, ale, porter, stout, and other similar fermented beverages (including saké or similar products) of any name or description containing one-half of 1 percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor” (26 U.S.C.A. § 5052(a)
wine of not less than .5% alcohol by volume (23 U.S.C.A. § 158(c)(3)), or
distilled spirits (also referred to as “alcoholic spirits” and “spirits”), or those substances known as ethyl alcohol, ethanol, or spirits of wine in any form (including all dilutions and mixtures thereof from whatever source or by whatever process produced) (26 U.S.C.A. § 5002(8))

What Constitutes “Public Possession”?

Under the Drinking Age act, public possession does not apply in these circumstances:

A minor’s use of alcohol for an established religious purpose, as long as the minor is accompanied by parent, legal guardian over the age of 21, or spouse
Medical purposes, as long as a licensed physician, dentist, nurse, hospital, medical institution, or pharmacist administers the alcohol
In private clubs or establishments, or
During lawful employment by a licensed manufacturer, wholesaler, or retailer.

How States Regulate Under-Age Drinking

All states may regulate alcohol distribution and sale (under Article XXI of the United States Constitution, which repealed Prohibition). States also address underage drinking, targeting a number of activities. Common issues include:

Sales to minors. Shops or others are prohibited from selling, providing, or giving alcohol to minors.
Purchase of alcohol by minors. Minors in turn are prohibited from buying or otherwise obtaining alcohol from vendors.
Possession of alcohol by minors. Although the federal law provides its own exceptions (see above), many states have written their own, such as exempting use by minors while under their parents’ supervision (California), or possession during the course of employment (such as a waiter serving alcohol).
Minors’ consumption. Some states prohibit or limit consumption, regardless of the circumstances
Minors’ misrepresentation of age. In most states, it’s a separate offense for minors to misrepresent their age for the purpose of buying or obtaining alcohol.

Penalties for Minor in Possession Violations

State laws punish both the provider of the alcohol and the minor who has intentionally obtained it.

Penalties for Minors

Minors who break the law may be charged with criminal offenses, and if convicted, face jail sentences, fines, diversion programs (supervised counseling, which often results in dropped charges if the minor participates successfully in the program), and sentences such as a number of hours of community service.

Penalties for Providers

Vendors who sell or give alcohol to minors may be violating state and/or local criminal law, as well as state administrative codes. Criminal penalties may include fines and jail time. Administrative consequences can include license revocations, fines, suspensions of the right to sell or serve alcohol, or the revocation of alcohol licenses. In states that prohibit private consumption, hosts of private parties may face jail or fines.

Aggressive Minor in Possession State Laws

Some states are more aggressive than others in regulating sales to and possession by minors. For example:

Entering bars. Aside from the employment exception noted above, many states bar youth from entering bars, cocktail lounges, and other establishments that are primarily drinking establishments.
Kegger laws. Some states, such as California, have “kegger laws,” that require vendors to tag a keg with the purchaser’s identification. (Ca. Bus. & Prof. Law § 25659.5) If law enforcement finds a tagged keg at a private party where minors are drinking, they can trace the keg back to the purchaser, who might face civil or criminal penalties.
Penalties. Some states provide for effective punishment for minors besides fines and jail time, such as drivers’ license suspension.
Making false IDs more difficult to obtain. Some states cut down on the ability to obtain false IDs by prohibiting their manufacture and sale, and providing for significant penalties; making it illegal for youth to lie about their age in order to obtain an ID; and making false IDs less easy to make by issuing cards that cannot be copied.

Legal Help for Minor in Possession Charges

Minors who are charged with MIP, particularly when it’s the first time, may receive counseling, community service, or other non-punitive sentences. Minors in other states may face stiffer consequences. And besides the letter of the law, the approach of local police, prosecutors, and judges will determine to a large degree how these cases are handled. A lot depends on the local political and social view of underage drinking.

Because the local response to MIP is so important to know, it may be a good idea to at least consult with a local lawyer who is familiar with how these cases are handled in your city or area. You may learn that it should not be necessary, given your circumstances, to hire counsel to represent you. Or, you may decide that the outcome is uncertain and the stakes are high, making representation throughout the course of the case a good idea.

When deciding whether to hire counsel, consider whether there’s a good chance of a better result with counsel than if you were to handle the case yourself. Keep in mind that some convictions will have a negative impact on the minor’s insurance premiums (and possibly the parents' premiums as well), and that a license suspension may make it hard to get to school or to a job. This seemingly-minor charge can actually have quite an impact.