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What To Do About a Minor in Possession of Alcohol Ticket in Missouri

An experienced attorney can get your ticket for Minor in Possession of Alcohol or Underage Drinking dismissed or reduced to a lesser offense.

What is “Minor in Possession of Alcohol?”

In Missouri, a first-time charge of Minor in Possession of Alcohol (MIP) is a class D misdemeanor. According to Missouri law RSMO 311.325, you can be charged with MIP if you are under age 21 and you do any of the following:

  • Purchase or attempt to purchase intoxicating liquor
  • Possess intoxicating liquor
  • Appear to be visibly intoxicated
  • Have a detectable blood alcohol content of more than two-hundredths of one percent or more by weight

If you get charged with MIP a second time, it’s considered a class A misdemeanor.

Why Didn’t the Police Officer Breathalyze You Before Giving You a Ticket For MIP?

Police officers do not have to administer a breathalyzer test before issuing a ticket for Minor in Possession of Alcohol. Police can issue tickets for MIP in any of the following situations:

  • You are attempting to purchase alcohol while underage
  • You are pulled over for a traffic violation and the police officer sees a beer can in your car
  • A police officer sees you drinking at Mardi Gras, St. Patrick’s Day Parade, etc.
  • A police officer sees you drinking in the parking lot before a concert
  • You are at a house party where underage drinking is occurring and police show up after neighbors call to complain about the noise

If the officer believes you appear to be visibly intoxicated, they can issue a ticket for MIP. In a situation such as a house party, the police officers will commonly issue tickets for MIP to everyone at the party if they believe underage drinking is occurring.

What’s the Maximum Punishment for Minor in Possession of Alcohol in Missouri?

If you have no prior convictions for Underage Drinking or Minor in Possession of Alcohol in Missouri, the maximum penalty is a fine of $300. If this is not your first ticket for underage drinking, the maximum punishment is 1 year in jail and a fine of $1,000.

In addition to paying a fine, your driver’s license could be suspended if you were charged under Missouri’s “Abuse & Lose” law.

Even if you don’t care about paying a fine or having your license suspended, having an alcohol-related conviction such as MIP on your permanent criminal record may prevent you from getting a good job or being accepted into the college of your choice.

How to Fight a Ticket for Minor in Possession of Alcohol or Underage Drinking

An experienced attorney can help you fight a ticket for Minor in Possession of Alcohol or Underage Drinking. In most cases, your attorney can negotiate a plea bargain deal with the court to get your MIP ticket dismissed or reduced to a lesser offense, such as “Littering.”

The outcome of your case depends a lot on which court your case is being prosecuted in. The prosecutors and judges in some counties in Missouri are very strict when dealing with defendants charged with Minor in Possession of Alcohol or Underage Drinking, but may be quite lenient in other counties.

Other factors that make a difference in your case include:

  • How old are you? (If you were 3 months from turning 21 when you got the MIP ticket, the Prosecutor may be more lenient than if you were 16.)
  • Do you have any prior alcohol-related convictions on your criminal record?
  • Were you polite and respectful to the police when they issued the MIP ticket?

Before dismissing or reducing your MIP ticket, the court may require you to do some or all of the following:

  • Attend a brief alcohol-education class
  • Perform a few hours of community service
  • Pay a fine and court costs
  • Make a donation to the local law enforcement restitution fund

How To Get An Old MIP Conviction Expunged

It is possible to get an old MIP conviction expunged (removed) from your criminal record if you pleaded guilty to Minor in Possession of Alcohol (MIP) or Underage Drinking in the past. Contrary to popular belief, your MIP conviction does not automatically drop off your record or get sealed once you reach age 21.

After 1 year has passed since your conviction or you reach age 21 (whichever comes first), your attorney can file a petition for expungement of your MIP charge. There will be a hearing before a judge, and the judge will want to see proof that there are no other alcohol-related law enforcement contacts on your criminal record since the original MIP conviction date.

For more information about expungement of an MIP conviction, read my previous blog post “How To Get a First-Time MIP Conviction Expunged in Missouri.”

Call St. Louis MIP lawyer Andrea Storey Rogers at (314) 724-5059 for a free consultation about your ticket for under-age drinking or Minor in Possession of Alcohol (MIP) in Missouri. Or email her at [email protected]

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How to Get Your MIP (Minor in Possession of Alcohol) Ticket Dismissed or Reduced To a Lesser Offense

An attorney can help get your MIP (Minor in Possession of Alcohol) ticket dismissed or reduced to a lesser offense, thus avoiding an MIP conviction on your criminal record and suspension of your driver’s license.

The outcome of your MIP case depends on:

  • Your past criminal history
  • Which court your case is being prosecuted in, and
  • The details of your specific case

If you plead guilty to a Minor in Possession of Alcohol charge, you will have an MIP conviction on your criminal record forever, which may prevent you from getting a job or being accepted into college.

How Can an Attorney Help You Fight Your MIP Ticket?

You will need an attorney to represent you if you want to fight your MIP ticket.

Your attorney may be able to convince the Prosecutor to amend your MIP charge to “Littering” and only require you to pay a fine and court costs, with no court appearance required.

Other Missouri courts are more strict and will require you to serve probation, do community service, and possibly complete an alcohol education class.

What Does “Minor in Possession of Alcohol” Mean?

Missouri police officers issue tickets to minors for MIP when they believe a person under age 21 is guilty of misdemeanor “Minor in Possession” or “Possession by Consumption” by doing the following:

  • purchasing or attempting to purchase intoxicating liquor,
  • possessing any intoxicating liquor,
  • appearing to be visibly intoxicated, or
  • having a detectable blood alcohol content of more than two-hundredths of one percent or more

What’s the Penalty For an MIP in Missouri?

For a first-time MIP charge in Missouri, the maximum penalty is a $300 fine. For a 2nd MIP conviction, the maximum penalty is 1 year in jail and a $1,000 fine.

In addition, your driver’s license can be suspended for 90 days if you are charged under the Missouri “Abuse & Lose” law.

MIP Convictions Don’t Automatically Get Expunged Once You Turn 21

Contrary to popular belief, MIP convictions are not automatically removed from your criminal record once you turn 21. A petition for expungement must be filed with the court, and the judge must approve it, before the record of your MIP can be removed.

Your best option is to hire an attorney to represent you for the MIP ticket, rather than pleading guilty to the MIP charge and then hiring an attorney later to expunge the record of your MIP.

How To Get an MIP Conviction Expunged

To get a first-time MIP conviction expunged from Missouri court records, hire an attorney to file a petition for expungment in court. The petition for expungement can not be filed until either 1 year has passed since the conviction date or you have turned age 21, whichever comes first.

Once a petition for expungement of your MIP has been filed in court, there will be a hearing in front of a judge. Your attorney will have to prove that there are no other alcohol-related convictions or law enforcement contacts on your criminal record since your original MIP conviction.

If you have received a ticket in Missouri for MIP (Minor in Possession of Alcohol) and would like to get a price quote for legal representation, call St. Louis MIP lawyer Andrea Storey Rogers at (314) 724-5059 or email her at [email protected]

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How to Get a First-Time MIP Conviction Expunged in Missouri

You can get your first-time MIP (Minor in Possession) conviction expunged from Missouri court records, but you must wait to file your petition for expungement until 1 year has passed since the conviction date, or until you have turned age 21, whichever comes first.

What is an MIP?

According to Missouri Minor in Possession law, a person under age 21 is guilty of misdemeanor “Minor in Possession” or “Possession by Consumption” if he or she:

  • purchases, or attempts to purchase intoxicating liquor,
  • possesses any intoxicating liquor,
  • is visibly intoxicated, or
  • has a detectable blood alcohol content of more than two-hundredths of one percent or more

What’s the Punishment for an MIP?

If it’s your first MIP, the maximum punishment in Missouri is a $300 fine. For a 2nd MIP conviction, the maximum penalty is 1 year in jail and a $1,000 fine.

An MIP Conviction Will Cause Your License to be Suspended

If you are convicted of Minor in Possession or Possession by Consumption, your driver’s license will be suspended for 30 days if it’s your first MIP. For a 2nd MIP, your license will be suspended for 90 days. For a 3rd MIP, your license will be revoked for 1 year.

MIP Convictions Don’t Automatically Get Expunged

Contrary to popular belief, MIP convictions don’t automatically get expunged from your criminal record after you turn 21. You must file a petition for expungement in court, and the judge must approve it, before the record of your MIP can be removed from the court records.

Do You Have to Hire an Attorney to Get an MIP Conviction Expunged?

You are not required to hire a lawyer to get your MIP conviction expunged.

Most people with an MIP conviction want to get the conviction expunged from their criminal record because such a conviction may prevent them from getting a job, being accepted into college, renting an apartment, etc.

If you choose to represent yourself, you will have to file a petition for expungement in the court where you pleaded guilty or were convicted, and you will have to attend a hearing before a judge. The City (or State, if your case is in Circuit Court) will be represented by the prosecuting attorney, who may present evidence against you if the City or State opposes your petition for expungement.

What Do You Have to Prove in Court to Get an MIP Conviction Expunged?

At the hearing, you will be required to show the court that

1) you have had no other alcohol-related convictions or alcohol-related enforcement contacts since your original MIP conviction, and

2) you are applying for expungement at least 1 year after the original conviction date, or after you reached age 21.

An Attorney Can Get Your MIP Charge Dismissed or Reduced to a Lesser Offense

If you have been charged with an MIP in Missouri but you have not been convicted yet, you can hire an attorney to represent you. Your attorney can prevent you from losing your driver’s license and having an MIP conviction on your permanent record.

Depending on your prior criminal history, the court your case is being prosecuted in, and the details of your specific case, an attorney may be able to get your MIP charge dismissed or reduced to a lesser offense, such as “Littering.” You may have to pay a fine, or you may be required to attend an alcohol education class and/or perform a few hours of community service.

If you have been charged with an MIP in Missouri and would like to get a price quote for legal representation, call St. Louis MIP lawyer Andrea Storey Rogers at (314) 724-5059 or email her at [email protected]

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Some Drug and Alcohol Convictions Stay on Your Missouri Driving Record Forever

The following drug & alcohol-related convictions stay on your Missouri driving record forever:

    • DUI/DWI (Driving While Intoxicated)
    • DUID (Driving Under the Influence of Drugs)
    • Excessive BAC (Blood Alcohol Content)

Please Note:  It is possible to get a first-time DUI conviction expunged after 10 years of good behavior. (See below for further information regarding expungement of a first-time DUI.)

Types of Convictions That Stay on Your Missouri Driving Record Forever

In a previous blog post about convictions that stay on your driving record forever, I listed the types of convictions that remain permanently on your Missouri driving record. In addition to DUI, DUID, and Excessive BAC, the following convictions stay on your Missouri driving record forever and are not eligible for removal:

    • No Insurance
    • No Driver’s License (state, not municipal)
    • Vehicular Manslaughter
    • Driving While Suspended or Revoked
    • Leaving the Scene of an Accident (state, not municipal)
    • Any Felony

What is Expungement?

Expungement is the removal or deletion of all court records of your arrest, plea, trial or conviction. The only types of alcohol-related convictions that are eligible for expungement in Missouri are first-time DUI or MIP convictions. The option of expungement is not available for felony DUIs or for anyone convicted of driving a commercial motor vehicle while under the influence of alcohol.

How to Get a First-Time DUI Conviction Expunged

Missouri law allows anyone who pleaded guilty to, or was convicted of, a first-time misdemeanor DUI to apply to have the court expunge (remove or delete) the DUI charge 10 years after the offense occurred, as long as the individual has had no other alcohol-related driving convictions, “alcohol-related enforcement contacts,” or any pending “alcohol-related enforcement actions” within the 10-year period since the conviction. See Missouri statute RSMo 302.525.3 for an explanation of what is an alcohol-related law enforcement contact.

If a judge finds that you meet these requirements, then the court will enter an order of expungement, and all records of your DUI arrest, plea, trial, or conviction will be deleted.

How to Get an MIP Conviction Expunged

For a first-time MIP conviction to be expunged, you must show that you have had no other alcohol-related convictions or “alcohol-related enforcement contacts” since the original MIP conviction, and that you are applying for expungement at least 1 year after the original conviction date, or after you have reached age 21.

Marijuana and Drug Paraphernalia Convictions Stay on Your Criminal Record Forever and Can Not be Expunged

If a police officer pulls you over for a traffic stop and charges you with possession of drugs (marijuana) or drug paraphernalia (such as a pipe) and you are convicted of those charges, no points will be added to your Missouri driving record for that conviction. However, a conviction for possession of drugs or drug paraphernalia will remain on your criminal record forever.

An Attorney May be Able to Get Your Drug Possession Charges Reduced to a Lesser Offense

When facing a misdemeanor charge of possession of drugs or drug paraphernalia, you can hire an attorney to negotiate a plea bargain with the court to get your drug charges dismissed or reduced to a lesser offense, so they won’t show up on your permanent criminal record. Keep in mind that your chances of success are not as good if you have multiple prior drug-related convictions on your record.

The outcome of your case depends on which court your case is being prosecuted in, your criminal history, and the details of your specific case.

While expungement is an option for some first-time DWI or MIP convictions, drug-related convictions can never be expunged from your Missouri criminal record.

The Court May Order You to Attend “ADEP” or “SATOP” Class

If your attorney is able to get your drug possession charges reduced to a lesser offense, you will have to pay a fine and court costs, and you may also be required to take a court-ordered class, such as “ADEP” (Alcohol and Drug Education Program) or “SATOP” (Substance Abuse Traffic Offender Program).

Depending on the facts of your case, you may be offered an “SIS” (Suspended Imposition of Sentence) and 1 or 2 years of unsupervised probation. With an “SIS,” no conviction is entered on your permanent record if you successfully complete your period of probation without any further convictions.

If You Have Already Pleaded Guilty to Drug Possession Charges, an Attorney May be Able to Withdraw Your Guilty Plea

If you have already pleaded guilty to drug charges, it may be possible for an attorney to withdraw your guilty plea and negotiate a plea bargain with the court to have your drug charges reduced to a lesser offense.

However, if too much time has passed since your guilty plea, or if you were originally represented by an attorney when you pleaded guilty, the court may not allow the withdrawal. For more information, go to the Withdrawal of Guilty Plea page on my website.

If you have been charged with possession of marijuana or drug paraphernalia and would like a price quote for legal representation, contact St. Louis traffic law attorney Andrea Storey Rogers at (314) 724-5059 or email her at [email protected]

[This post was updated on November 11, 2013.]