Legal Question in Criminal Law in Washington

All that really matters is what was filed for the arraignment. Basically, it is common for officers to cite all alcohol related infractions as MIP, and let the prosecutors sort them out. MIP and Minor Exhibiting Effects of Alcohol are different subsections of the same statute. If there wasn't actually a bottle present, then the latter is the easier one for the state to prove.

RCW 66.44.270

Furnishing liquor to minors � Possession, use � Penalties � Exhibition of effects � Exceptions.

....

(2)(a) It is unlawful for any person under the age of twenty-one years to possess, consume, or otherwise acquire any liquor. A violation of this subsection is a gross misdemeanor punishable as provided for in chapter 9A.20 RCW.

(b) It is unlawful for a person under the age of twenty-one years to be in a public place, or to be in a motor vehicle in a public place, while exhibiting the effects of having consumed liquor. For purposes of this subsection, exhibiting the effects of having consumed liquor means that a person has the odor of liquor on his or her breath and either: (i) Is in possession of or close proximity to a container that has or recently had liquor in it; or (ii) by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits that he or she is under the influence of liquor. This subsection (2)(b) does not apply if the person is in the presence of a parent or guardian or has consumed or is consuming liquor under circumstances described in subsection (4) or (5) of this section.