Minor in Possession of Alcohol

In the United States, the legal drinking age is 21. Underage individuals who consume, possess, or purchase alcohol can face criminal penalties and a record. On top of legal ramifications, underage drinking can be dangerous.

What Are Minor-in-Possession Laws?

Minor-in-possession (MIP) laws (sometimes called underage drinking laws) target sales of alcohol to minors and public possession of alcohol by minors. Since the 1984 passage of the National Minimum Drinking Age Act, all states have raised their minimum drinking age to 21 to avoid losing federal highway funds. (23 U.S.C. § 158 (2025).)

All states prohibit possession of alcohol by minors, and most include consumption under these prohibitions. An increasing number of states have added "internal possession" to their underage drinking laws. States with internal possession laws don't require prosecutors to prove possession or consumption through witness testimony, signs of intoxication, or an admission on the part of the minor. Rather, a blood, breath, or urine test will suffice.

What Is the Punishment for Underage Drinking?

Minors who break the law may be charged with a criminal offense and, if convicted, face jail sentences, fines, diversion programs, or other sanctions. Most states make underage drinking a misdemeanor.

Some states impose fines for first and second underage drinking offenses, and subsequent offenses become jailable. Most states allow or mandate driver's license suspension for a violation (which means possible retesting and reinstatement fees). Other penalties include community service hours, alcohol-dependency evaluations and treatment, and educational courses.

Having a criminal record for minor in possession can impact a young person's ability to get a job, get into college, obtain scholarships, or acquire professional licenses later in life.

Will an Underage Drinking Violation Stay on My Record?

It will depend on your state's laws and what happened in the case. Some states allow minors' criminal records to be expunged rather easily. Others do not. If you completed a diversion program for a first-time offense, your record might automatically be sealed. However, a conviction or adjudication of delinquency will often take longer. You might need to wait several years and maintain a clean record before asking the court to seal your record.

What Are Possible Defenses to Underage Drinking Charges?

Depending on the situation, you might have one of the following defenses.

Consumption for Religious and Other Purposes or in the Parent's Home

Under the Drinking Age Act and many state laws, certain instances of private possession of alcohol by a minor do not fall under the laws' prohibitions, such as:

• for established religious purposes, as long as the minor is accompanied by a parent, legal guardian over the age of 21, or spouse
• for 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.

Some states permit underage drinking in private locations with adult permission and oversight, such as in a private residence or the parent's home.

Good Samaritan Laws for Calling 911 for Alcohol Overdose or Poisoning

Most, if not all, states have Good Samaritan laws that prevent someone from being arrested or charged with underage drinking if they seek emergency assistance for another or themself. State lawmakers want people to call 911 if someone is experiencing a medical emergency due to drinking (or drugs). Typically, these laws require the person to remain on the scene until help arrives, to cooperate with police or medical personnel, and provide identification.

Alcohol poisoning is a real risk when it comes to underage drinking. Statistics show that youth often binge drink. In 2023, 3.3 million youth reported binge drinking. Alcohol consumption by young people also contributes to risky behavior when it comes to driving, sexual activity, and use of other substances. Around 4,000 underage persons die from alcohol-related causes each year.

Other Legal Defenses

Other possible defenses to underage drinking include mistaken identity or being unaware that the drink contained alcohol. If police conduct an unlawful search or violate the minor's Miranda rights, the court might exclude key statements or evidence.

Other State Laws Related to Underage Drinking

To combat underage drinking, states don't simply rely on minor-in-possession laws. States target alcohol sales and purchases, as well as the use of fake IDs and entry into bars and clubs. Also, for those underage, "not-a-drop" laws apply to drinking and driving. Below are common state regulations relating to underage drinking.

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.

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. Having a fake ID can result in additional charges.

Hosting underage drinking parties. More than half of the states prohibit adults from hosting parties where underage drinking is occurring.

Hazing. Hazing on college campuses or in high school often involves excessive drinking and underage drinking. Many states make hazing a crime.

Entering bars. 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. (Cal. Bus. & Prof. Code § 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.

DUI zero-tolerance laws. For adults age 21 and older, it's a crime to drive under the influence, which is defined as being impaired or having a blood alcohol concentration of .08% or more. But underage persons can get a DUI for having any amount of alcohol in their system.

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. But that's not always the case.

It's generally 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 might 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 a job. This seemingly minor charge can have quite an impact.