While a minor can lawfully be in proximity to a legal consumer of alcohol, he or she cannot have constructive possession of the alcohol. Examples of constructive possession include the following scenarios:. There are four main areas of exceptions that allow a minor to be in the presence of alcohol in our state. Three stipulations apply in this last scenario. The minor must have been the first person to make the call for emergency help, and the minor must have remained at the scene until emergency help arrived.
The minor must also act in full cooperation with emergency medical workers and law enforcement officers. Both the minor and his parents were at the football game enjoying their time together, but the police were also walking around looking for anyone that was publicly intoxicated or minors in possession of alcohol.
The police approach the minor and proceed to bring charges of minor in possession of alcohol. Understandably, the minor was upset. Should the minor have been charged with minor in consumption? Although the minor, in this example, was charged by the Fort Worth police, we were able to show the municipal prosecutor that the minor was in the visible presence of a parent, legal guardian or spouse.
As such, an exception to the law existed and the case warranted immediate dismissal. Like this case study, you may have a situation where an exception applies that would permit your minor in consumption case to be dismissed. Penalties for a minor in possession charge can be serious. This offense is charged as a Class C misdemeanor, and if your child is convicted, he or she could face the following penalties.
For a first offense, a conviction can result in between eight and 12 hours of community service. These community service hours are preferred to be related to education about and prevention of alcohol misuse.
Additionally, he or she can expect to serve between 20 and 40 hours of community service for a subsequent offense, have their license revoked for 60 days for a second offense, and for days for three or more offenses.
Yes, it is possible to get a minor in possession charge removed from your criminal record. However, it is very important that your criminal case is handled properly.
Failure to resolve the case in the proper way could result in you being barred from getting the arrest or the charge expunged from your record. For example, if a parent and minor appear in court without an attorney, many times the prosecutor will tell you that you have two options: pay the fine or go to trial.
Paying the fine on a minor in consumption case is the equivalent of pleading guilty to the crime and it becomes a conviction on your permanent criminal record.
However, if you tell the municipal prosecutor, you want a jury trial, they will not be afraid of you either. You are not an experienced criminal attorney. What can a criminal attorney do for your Minor in Possession charge? An experienced criminal defense attorney can send in a letter of representation to the court and move the court setting from a Pro Se Docket those who represent themselves to an Attorney Docket.
At the attorney docket, you will not be required to say or do anything, and your criminal lawyer can argue your case and negotiate a more favorable result. Make sure to find a lawyer that is experienced with MIP cases and has a good reputation at getting results. Do your research and set up a consultation with an attorney to see what they can do for you.
No, you cannot be charged with a MIP violation if you are over the age of But, if you are younger than 18 you are not legally allowed to handle alcoholic beverages at work. Florida has a Zero Tolerance law in effect, which basically means that even if you are under the legal drinking limit, which is a BAC level of 0. You will automatically receive a license suspension for six months if your BAC level is over. You must be logged in to post a comment. Is a MIP charge considered a misdemeanor or felony?
Can I go to jail for a MIP charge? What are the penalties if this is my first MIP charge? What are the penalties if this is my second MIP charge? Will the police notify my parents if I get an MIP charge?
If you are under the age of 18 then the police are required to notify your parents. Lawyer Directory. Call us at 1 Drinking and Possessing Alcohol It is illegal for any person under the age of 21 to purchase, attempt to purchase or have alcoholic beverages in their possession or under their control in a public. The MIP laws do not prohibit minors from possessing or consuming alcohol under the following conditions: The alcoholic beverages were given to the underage minor in a private home with the consent of his or her parent or guardian.
A dentist or physician administered the alcoholic beverages for medicinal purposes. The minor handled alcoholic beverages during the course of his or her employment in a licensed facility.
In addition, your driver's license may be suspended for up to a year or you may have to complete a substance abuse evaluation.
Your driver's license will be suspended for up to one year. Iowa Code Annotated Sections Second or Subsequent Offense —Your driver's license will be suspended for 90 days.
Drivers with a BAC of. Iowa Annotated Code Sections Resulting in Serious Bodily Injury —If providing alcohol to the minor results in serious bodily injury to another person, you could be charged with an aggravated misdemeanor.
Resulting in Death —If providing alcohol to the minor results in the death of another person, you could be charged with a Class D felony. Fourth Violation Within Three Years —The licensed establishment will have their liquor license revoked.
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