Legal Question in Criminal Law in Michigan

Minor in Possession of Alcohol

My son is 17 and got cited for possession of Alcohol. The alcohol was beer and was not opened. He had not consuned any of it. He was the passenger in a vehicle with an 18 year old driver. He was not arrested but was taken to the police station where I had to pick him up. What can we expect at the arraignment. What happens if he pleads guilty? What is the best and worst case scenario for this type of offense?

Thanks for your help.


Asked on 6/16/00, 4:13 pm

1 Answer from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Minor in Possession of Alcohol

Until he is 21, he's not even allowed to hold beer or liquor ... much less drink it. If he had a can of beer in his hand (or in his clothes, or next to him --- which is called "constructive possession"), he is likely guilty of being a minor in possession of alcohol. This is the same whether or not he was inside or outside the car.

In Michigan, MIP is a misdemeanor. If convicted, he can expect a fine + court costs, community service, probation, probably an alcohol assessment to see if he needs substance abuse counseling, and the conviction will be abstracted to his driving record with the Secretary of State. If he has no prior convictions for MIP, his driving privileges will not be suspended. But if this is a 2nd or 3rd conviction, then he will lose his license.

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Answered on 8/21/00, 9:52 am


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