Minor In Possession
   HOME

TheInfoList



OR:

In the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
, a Minor in Possession or a MIP (also referred to as a Possession of Alcohol Under the Legal Age or PAULA), is any person under the legal drinking age of 21 who possesses or consumes
alcohol Alcohol may refer to: Common uses * Alcohol (chemistry), a class of compounds * Ethanol, one of several alcohols, commonly known as alcohol in everyday life ** Alcohol (drug), intoxicant found in alcoholic beverages ** Alcoholic beverage, an alco ...
. Underage consumption is illegal, typically a
misdemeanor A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than admi ...
. In California, depending on the county in which the person is charged, the crime may also be charged as an
infraction A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary of ...
. Anyone under the age of 21 who possesses alcohol in the United States with the exception of special circumstances is violating the law of the state.


Punishments

Punishments for minors in possession vary by 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 minors in possession citation. As such, each state levies its own fines and punishments for a minors in possession. In some states, a simple first-time minors in possession without any other circumstances (such as driving or public intoxication) may only involve a fine of $100–200. Often fines are reduced or eliminated provided the person convicted completes a program such as alcohol education,
probation Probation in criminal law is a period of supervision over an offence (law), offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incar ...
, or
community service Community service is unpaid work performed by a person or group of people for the benefit and betterment of their community contributing to a noble cause. In many cases, people doing community service are compensated in other ways, such as gettin ...
. 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. Some states, such as Virginia, allow social drinking with parental approval on private property. However, it is an affirmative defense to a charge of underage possession of alcohol, and a defendant would need to prove it was permissible. 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 Washington, officially the State of Washington, is a state in the Pacific Northwest region of the United States. It is often referred to as Washington State to distinguish it from the national capital, both named after George Washington ...
, 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. Washington State's law does not apply to liquor given or permitted to be given to a person under the age of twenty-one years by a parent or guardian and consumed in the presence of the parent or guardian. Additionally, this RCW does not authorize consumption or possession of liquor by a person under the age of twenty-one years on any premises licensed by the state, such as a bar or restaurant. Also, A person under the age of twenty-one years who experiences alcohol poisoning and is in need of medical assistance shall not be charged or prosecuted under subsection (2)(a) of this section, if the evidence for the charge was obtained as a result of the poisoning and need for medical assistance.{{Cite web, url=https://apps.leg.wa.gov/rcw/default.aspx?cite=66.44.270, title=RCW 66.44.270: Furnishing liquor to minors—Possession, use—Penalties—Exhibition of effects—Exceptions., website=apps.leg.wa.gov


See also

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


References

Alcohol law in the United States Legal drinking age