Public Act No. 63 was signed by Governor Jennifer Granholm on April 12, 2004, giving Michigan one of the toughest Minor in Possession (MIP) laws in the country. The MIP Michigan law was first revised in the year 1998 and Public Act No. 63 is the first major revision after that.
Minor in Possession of Alcohol, or MIP, is one of the most common juvenile offenses. The legal age for consumption and possession of alcohol in Michigan is 21 years old. Again, Michigan has some of the TOUGHEST MIP laws in the country; take action as soon as a charge of MIP is filed.
Do not answer any questions after your arrest and plead not guilty at the arraignment! Assert your right to an attorney!
A minor is in possession of alcohol if:
- There is alcohol in their blood from prior consumption;
- The minor purchases alcohol;
- The minor has alcohol on them;
- The minor attempts to possess alcohol.
First time offenders
First time offenders may be able to receive a break from the court. If a juvenile has no prior adjudication for MIP the court can chose to put the juvenile on probation. If the terms of the probation are met, the juvenile will not have a misdemeanor on his or her record. Probation can include:
- Payment of costs
- Alcohol counseling
- Staying out of trouble
The legal age for drinking in Canada is 19 years old. A 19 or 20 year old who consumes alcohol in Canada can still be charged with Minor in Possession if they enter the United States with alcohol in their blood. The legal consumption of alcohol can be an affirmative defense to the charge. Consulting an attorney to discuss this defense is advised.
You do not want a misdemeanor on your record if you can avoid it. (Pay attention to our Keeping a Clean Record blog series!) It is in your best interest to get an attorney who is familiar with Michigan’s MIP laws to help you.
If you need representation for your MIP call Daniel Ambrose on his cell phone at (248) 624-5500 or email him at Daniel@ambroselawgroup.com.
Or visit our website at www.Ambroselawgroup.com