Minor In Possession
Encyclopedia
In the United States
, a Minor in Possession, or a MIP, (also referred to as a PAULA, Possession of Alcohol Under the Legal Age) is a criminal offense, typically a misdemeanor
. Anyone who is under the age of 21 and possesses alcohol
in the United States, with the exception of special circumstances, is violating the law of the state. If sufficient evidence is shown to a police officer
that the person under 21 has been drinking alcohol or is in possession of alcohol, an MIP may be issued to the underage drinker.
In Washington State, the Court of Appeals has determined mere presence of alcohol in one's system is not enough on its own to support a conviction for MIP.
The term "Minor in Possession" is a misnomer
, as except for residents of Mississippi
and 18-year-old residents of Alabama
and Nebraska
, Americans between 18 and 20 years old are not minors
.
In some states, a simple first-time MIP without any other circumstances (such as driving or public intoxication) may only involve a fine of $100-500. Often fines are reduced or eliminated provided the person convicted completes a program such as alcohol education, probation
, or community service
. In some states, a fine is eliminated, supplemented or accompanied with a loss of the accused driver license for a period of time ranging from 30 days to 12 months. For example, violation of California's Business & Professions Code Section 25662, regarding persons under 21 in possession of alcohol, carries a punishment of $250 and a mandatory revocation of driving privileges for one year in accordance with Vehicle Code Section 13202.5.
Subsequent offenses or a person with a preexisting criminal record may frequently receive a full fine, or in some extreme cases, several days in jail. In many cases a third MIP may result in a loss of the accused driver's license until the age of 21.
In Washington State, the statutes impose that: providing to and possession of alcohol by minors (persons under 21) is a gross misdemeanor with a potential of $5,000 and a year in jail. RCW 66.44.270.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, a Minor in Possession, or a MIP, (also referred to as a PAULA, Possession of Alcohol Under the Legal Age) is a criminal offense, typically a misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
. Anyone who is under the age of 21 and possesses alcohol
Alcohol
In chemistry, an alcohol is an organic compound in which the hydroxy functional group is bound to a carbon atom. In particular, this carbon center should be saturated, having single bonds to three other atoms....
in the United States, with the exception of special circumstances, is violating the law of the state. If sufficient evidence is shown to a police officer
Police officer
A police officer is a warranted employee of a police force...
that the person under 21 has been drinking alcohol or is in possession of alcohol, an MIP may be issued to the underage drinker.
In Washington State, the Court of Appeals has determined mere presence of alcohol in one's system is not enough on its own to support a conviction for MIP.
The term "Minor in Possession" is a misnomer
Misnomer
A misnomer is a term which suggests an interpretation that is known to be untrue. Such incorrect terms sometimes derive their names because of the form, action, or origin of the subject becoming named popularly or widely referenced—long before their true natures were known.- Sources of misnomers...
, as except for residents of Mississippi
Mississippi
Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
and 18-year-old residents of Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
and Nebraska
Nebraska
Nebraska is a state on the Great Plains of the Midwestern United States. The state's capital is Lincoln and its largest city is Omaha, on the Missouri River....
, Americans between 18 and 20 years old are not minors
Minor (law)
In law, a minor is a person under a certain age — the age of majority — which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 18...
.
Punishments
Punishments for MIP's vary greatly from state-to-state. Since alcohol enforcement (and the establishment of drinking ages) is the responsibility of the individual states, only local and state agencies can legally write a MIP citation. As such, each state levies its own fines and punishments for a MIP.In some states, a simple first-time MIP without any other circumstances (such as driving or public intoxication) may only involve a fine of $100-500. Often fines are reduced or eliminated provided the person convicted completes a program such as alcohol education, probation
Probation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
, or community service
Community service
Community service is donated service or activity that is performed by someone or a group of people for the benefit of the public or its institutions....
. In some states, a fine is eliminated, supplemented or accompanied with a loss of the accused driver license for a period of time ranging from 30 days to 12 months. For example, violation of California's Business & Professions Code Section 25662, regarding persons under 21 in possession of alcohol, carries a punishment of $250 and a mandatory revocation of driving privileges for one year in accordance with Vehicle Code Section 13202.5.
Subsequent offenses or a person with a preexisting criminal record may frequently receive a full fine, or in some extreme cases, several days in jail. In many cases a third MIP may result in a loss of the accused driver's license until the age of 21.
In Washington State, the statutes impose that: providing to and possession of alcohol by minors (persons under 21) is a gross misdemeanor with a potential of $5,000 and a year in jail. RCW 66.44.270.
See also
- Alcohol consumption by youth in the United States
- National Minimum Drinking Age ActNational Minimum Drinking Age ActThe National Minimum Drinking Age Act of 1984 was passed on July 17, 1984 by the United States Congress as a mechanism whereby all states would become thereafter required to legislate the age of 21 years as a minimum age for purchasing and publicly possessing alcoholic beverages...
- National Youth Rights AssociationNational Youth Rights AssociationThe National Youth Rights Association is the largest youth-led civil rights organization in the United States promoting youth rights, with approximately ten thousand members...