Legal Question in Criminal Law in Michigan

He couldn't have been .48 or he would be dead. You probably mean .048, which still makes him guilty. Possession does equal consumption. He should get a lawyer and start strategy.

The Minor in Possession (MIP) statute - MCL 436.1703(1)(a) -- includes physically having it in your hand ('possession'), consuming it, purchasing it, attempting to do any of those three things, having at least a 0.02% BAC, or having the presence of alcohol in his body resulting from the consumption of alcoholic liquor. So his charge may not have anything to do with the beers in the trunk, and EVERYthing to do with the alcohol in his blood system. The officer had to have reasonable cause to believe that your grandson had been drinking and was under 21. He probably asked for IDs (or got verbal confirmation from everyone) to know how old everyone was. After that, an odor of alcohol, bloodshot eyes, slurred speech ... a verbal admission that he'd been drinking ... maybe just being in the company of a bunch of other peers who had been drinking ... facts like those add up to give "reasonable cause" to ask him to take the PBT. He should have an attorney review the full case facts to determine if the actual facts gave the officer reasonable cause, etc. Please beware that first time MIP charges do not involve any jail time (only a fine plus possible rehabilitative programming). Further, there is a paragraph in the MIP statute that creates a possible diversion outcome where an adjudication of guilt is not entered if he jumps through all of the court's hoops. This is another reason to have an attorney review his case and strategize his best plan.