Minor in Possession of Alcohol Defense

Minor in Possession of Alcohol Charges in Washington

A conviction for minor in possession of alcohol can lead to unpleasant consequences for young adults. Minor in possession of alcohol in Washington is a crime and can lead to license suspensions for young people before they have even had a driver's license. Because of the serious nature of criminal charges, it is best to consult with an attorney before making a decision on any case.

Underage Drinking Law in Washington

Washington laws on underage drinking are complicated. In Washington it is illegal for someone under 21 to possess, consume, or to "exhibit the effects of alcohol consumption" while in public. It is either a misdemeanor or gross misdemeanor depending on how it is charged. Minor in possession of alcohol is often referred to as MIP or M.I.P., and is also sometimes written on the ticket by the police as MIPC or M.I.P.C. (Minor In Possession/Consumption).

MIP and the Courts

If a child is under 18 and is a first time offender, he or she will be referred to the community diversion board rather than go to court. However, accepting diversion on a minor in possession charge will lead to a license suspension. For a minor over the age of 18, there is no license suspension for MIP. However, defendants over 18 will be sent to adult court. Typically, a first time offender is given simple probation and ordered to go to Alcohol Drug Information School (A.D.I.S.).

Legal Issues in Underage Drinking Cases

When these cases are fought in court, the case usually turns on whether the juvenile in question was truly "possessing" the alcohol. It is not sufficient for a prosecutor to prove that the juvenile was simply present at an underage drinking party. As with all criminal laws, simply being present or witnessing a crime cannot support a conviction.

The definition of "possession" is a gray area under the law. Under Washington law, possession can be "actual" or "constructive":

• "Actual" possession: When the minor holds the alcohol in his or her hand, backpack, or purse
• "Constructive" possession: When the minor does not have actual possession but the alcohol is still in his or her "dominion or control" — for example, sitting on a table in front of him or her, or tolerating other minors possessing it in his or her car

Other Possible Charges

Occasionally an MIP charge will be accompanied by more serious charges, including:

• Possession of a fake ID or misrepresenting age in a bar
• Purchasing or attempting to purchase liquor
• Being unlawfully present in an "off-limits" area of a tavern
• Minor Operating Motor Vehicle Over .02 (if alcohol was consumed and the minor was driving)

Individuals over the age of 21 can face charges such as furnishing liquor to a minor. Furnishing alcohol to a minor is not a felony in Washington State, but it is taken very seriously by the court system.

The Law Office of Erin Bradley McAleer will fight to ensure that you achieve the best possible outcome in your court case. Call today at (360) 334-6277 to schedule a confidential consultation.