How to get a ticket for Minor in Possession of Alcohol reduced to a less serious offense in Missouri.
What To Do If Your Child Receives a Minor in Possession of Alcohol (MIP) Ticket in Missouri
Minor in Possession of Alcohol is sometimes referred to as an MIP or Underage Drinking ticket.
An experienced attorney can get your child’s Minor in Possession of Alcohol ticket reduced to a less serious offense. In many cases, the defendant does not have to appear in court at all. However, they may be required to attend an alcohol education class or do a few hours of community service, in addition to paying a fine and court costs.
In some cases, the MIP charge can be reduced to “Littering” in exchange for payment of a fine and court costs, with no other requirements.
Many factors affect the outcome of an MIP case, including:
- Your child’s age
- Your child’s behavior toward the police officer
- Whether your child has ever been charged with under-age drinking in the past
- Which court the case is being prosecuted in
PLEASE NOTE: If an MIP case is being prosecuted in state court (rather than municipal court), the “Abuse & Lose” law applies.
What Is The “Abuse & Lose” Law In Missouri?
Under the Abuse & Lose law, the Missouri Department of Revenue can suspend a person’s driver’s license for 90 days (or they can revoke it for 1 year if it’s a 2nd offense) for any alcohol-related traffic offense if the defendant is under age 21.
The Abuse & Lose law can also be used to suspend a person’s driver’s license if they commit a “second offense involving the possession or use of alcohol by someone under 18 years of age.”
How Serious Is a Ticket For Minor in Possession of Alcohol?
According to Missouri’s Minor in Possession of Alcohol law RSMO311.325, it is illegal for anyone under age 21 to drink alcohol in Missouri.
Missouri police can issue a ticket for “Minor in Possession of Alcohol” or “Underage Drinking,” and the defendant will have to appear in court in person unless they hire an attorney to represent them. If the defendant pleads guilty as charged to MIP, the conviction will remain on their criminal record forever, unless they later get it expunged.
If a defendant pleads guilty to an MIP ticket that involves a traffic offense, the conviction stays on their driving record forever.
In many cases, an experienced attorney can negotiate a plea bargain deal to get a Minor in Possession ticket amended to a less serious offense.
What is The Penalty For Minor in Possession of Alcohol in Missouri?
The punishment for an MIP charge in Missouri depends on which court the case is being prosecuted in, the defendant’s age, defendant’s criminal history, defendant’s driving record, whether it involved a traffic-related offense, and other details of the specific case.
If this is your child’s first time being charged with Minor in Possession of Alcohol, and they decide to plead guilty as charged, the maximum punishment is:
- $300 Fine
- No Jail Time
If this is NOT your child’s first MIP offense, the maximum punishment is:
- $1,000 Fine and
- 1 year in jail
Suspension of Driver’s License is Possible If Minor in Possession of Alcohol Combined With Traffic Ticket
Your child’s driver’s license could also be suspended or revoked if they were charged with Minor in Possession of alcohol in conjunction with a traffic-related offense.
For example, if your child is pulled over for running a red light and there is a case of beer in the back seat of the car, your child and all of the passengers in the car could be charged with Minor in Possession of Alcohol, and they could all have their driver’s licenses suspended.
Why Not Plead Guilty as Charged to Minor in Possession?
Pleading guilty as charged to Minor in Possession is an option, but I don’t recommend it. An MIP conviction will remain on your child’s permanent CRIMINAL RECORD forever, unless you later hire an attorney to get it expunged.
If the MIP conviction is related to a traffic offense, the MIP conviction will also remain on your child’s DRIVING RECORD forever unless the Missouri Department of Revenue agrees to remove it. It is not eligible for removal until your child reaches age 21 and 5 years have passed since their driver’s license was reinstated.
Here’s a link to the Missouri Department of Revenue’s page about “when will Minor in Possession/Other Alcohol Offenses action come off my driving record”,
Having an alcohol-related conviction such as Minor in Possession on your child’s criminal record could also cause a problem when they try to get a job or internship, rent an apartment, or apply for college.
In Which Court Will a Minor In Possession Case Be Prosecuted?
Most likely, a ticket for Minor in Possession or Underage Drinking will be prosecuted in municipal court. For example, if your child gets a ticket for Minor in Possession of Alcohol because they got caught with a beer at Busch Stadium in St. Louis, their ticket will be prosecuted in St. Louis City Municipal Court. The same applies for any underage drinking tickets issued to someone at the St. Patrick’s Day parade downtown St. Louis, or during Mardi Gras in Soulard.
If they get caught sneaking a drink from their older friend’s cup in the parking lot before a concert at Hollywood Casino Amphitheatre, their case will be prosecuted in Maryland Heights Municipal Court.
During the summer, it’s not uncommon for kids to be caught with alcohol on the river in rural Missouri during a rafting trip. In those situations, the Minor in Possession charge will be considered a misdemeanor, and it will be prosecuted in the circuit court in the county where the offense occurred. For example, if your underage child gets caught with beer on a river float trip near Steelville, MO, their case will be prosecuted in Crawford County Circuit Court.
What Qualifies as Minor in Possession or Underage Drinking in Missouri?
The police can issue a ticket for Minor in Possession or Underage Drinking in Missouri in the following situations:
- Under age 21 and buying (or attempting to buy) liquor
- Under age 21 and in possession of liquor
- Under age 21 and “visibly intoxicated”
- Under age 21 with a blood alcohol content of more than .02%
Police can issue an MIP ticket without a breathalyzer test.
Your child can receive an MIP ticket even if they’re not actually drunk.
A Minor in Possession Conviction Does NOT Automatically Drop Off Defendant’s Criminal Record After They Turn 21
A conviction for MIP does NOT automatically get sealed or drop off the defendant’s criminal record after they turn 21.
If your child pleads guilty as charged to Minor in Possession, you can hire an attorney later to expunge the MIP conviction. But it’s much easier and cheaper to get the MIP ticket amended to a less serious offense up front, rather than pleading guilty and carrying that conviction on their record for years before they are eligible to get the conviction expunged.
How Can Police Issue a Ticket For Minor In Possession By Consumption If They Didn’t See Defendant Drinking?
Police can issue a ticket for “Minor in Possession by Consumption” without evidence of an open container, and even if the police officer didn’t see your child drinking any alcohol.
For example, if a house party gets out of hand and the neighbors call the police, they will show up and start issuing tickets to anyone they believe is visibly intoxicated. The defendant doesn’t have to be holding a beer or a red Solo cup. The police officers will check everyone’s I.D. and talk to the party attendees to determine how impaired they are. If anyone is under age 21 and seems visibly intoxicated, the police officer can issue a ticket for Minor in Possession by Consumption because a person is considered to be legally in possession of alcohol by consuming it.
Penalties for Minor in Possession of Alcohol by Consumption are the same as for Minor in Possession of Alcohol.
You can read more about Minor in Possession of Alcohol by Consumption in my blog post titled “Get Your MIP Charge Reduced And Keep It Off Your Record.”
It Is Possible to Get an MIP Conviction Expunged From a Criminal Record
Expungement of an MIP conviction is an option if:
- It was a first offense
- Defendant has had a clean record since the original conviction date
- 1 year has passed since defendant turned 21 years old
Expungement is limited to one MIP conviction per lifetime, and only if it’s a first offense.
You can read more about MIP expungement in my blog post “MIP Expungement – Remove The Record Of Your Minor In Possession Of Alcohol Ticket.”
Before making any decisions about your child’s Minor in Possession case, you should consult an experienced criminal defense attorney to discuss your options. They can give you a price quote for legal representation and an estimate of the outcome of the case.
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For a free consultation about your child’s Minor in Possession of Alcohol ticket, call criminal defense attorney Andrea Rogers at (314) 724-5059 or email Andrea at AROGERS@ROGERSLAWFIRMLLC.COM
