Minor In Possession of Alcohol Update
Effective January 1, 2018, the MIP law was amended to provide that the first offense of a minor purchasing or attempting to purchase, consuming or attempting to consume, possessing or attempting to possess or having any bodily alcohol content is a civil infraction and no longer a misdemeanor. This means a judgment for a first offense MIP no longer results in a criminal conviction.
Sanctions for a conviction to a first offense MIP are up to a $100 fine (plus court costs), substance abuse treatment and community service. There is no action taken against the driver’s license, however a notice of the infraction is sent to the Secretary of State and posted on the driver’s record.
Sanctions for a conviction to a second offense MIP is a misdemeanor (criminal conviction) and is punishable by up to a $200 fine (plus court costs), substance abuse treatment, community service, however a deferral is possible. A notice of the conviction is sent to the Secretary of State, and posted on the driver’s record. The driver’s license is suspended for 90 days, and a restricted license is possible after 30 days. If there is a probation violation, the Defendant could be ordered to serve up to 30 days in jail.
The sanctions for a conviction to a third offense MIP is a misdemeanor (criminal conviction) and is punishable by up to a $500 fine (plus court costs), substance abuse treatment, community service, however a deferral is possible. The driver’s license is suspended for 1 year, and a restricted license possible after 60 days. If there is a probation violation, the Defendant could be ordered to serve up to 60 days in jail.
Although the violation for a first offense MIP is now a civil infraction, there remains serious consequences regarding your driver’s license due to the notification to the Secretary of State. It may be possible, in some instances, to avoid the notification requirement by negotiating with the prosecuting entities to amend the MIP civil infraction into a different civil infraction which does not involve reporting anything to the Secretary of State. We strongly recommend that you schedule an appointment with Student Legal Services as soon as you receive an MIP ticket to review all your options before making any final decisions.
Sanctions for a conviction to a first offense MIP are up to a $100 fine (plus court costs), substance abuse treatment and community service. There is no action taken against the driver’s license, however a notice of the infraction is sent to the Secretary of State and posted on the driver’s record.
Sanctions for a conviction to a second offense MIP is a misdemeanor (criminal conviction) and is punishable by up to a $200 fine (plus court costs), substance abuse treatment, community service, however a deferral is possible. A notice of the conviction is sent to the Secretary of State, and posted on the driver’s record. The driver’s license is suspended for 90 days, and a restricted license is possible after 30 days. If there is a probation violation, the Defendant could be ordered to serve up to 30 days in jail.
The sanctions for a conviction to a third offense MIP is a misdemeanor (criminal conviction) and is punishable by up to a $500 fine (plus court costs), substance abuse treatment, community service, however a deferral is possible. The driver’s license is suspended for 1 year, and a restricted license possible after 60 days. If there is a probation violation, the Defendant could be ordered to serve up to 60 days in jail.
Although the violation for a first offense MIP is now a civil infraction, there remains serious consequences regarding your driver’s license due to the notification to the Secretary of State. It may be possible, in some instances, to avoid the notification requirement by negotiating with the prosecuting entities to amend the MIP civil infraction into a different civil infraction which does not involve reporting anything to the Secretary of State. We strongly recommend that you schedule an appointment with Student Legal Services as soon as you receive an MIP ticket to review all your options before making any final decisions.