Minor In Possession of Alcohol (MIP) in Michigan

The Michigan Minor in Possession (MIP) law prohibits persons under 21 years from purchasing, attempting to purchase, consuming, attempting to consume, possessing, or attempting to possess an alcoholic beverage.  It also prohibits a minor from having any bodily alcohol content.

 

The only exceptions to this law are:

1) minors enrolled in a course at an accredited post secondary educational institution in an academic building of the institution under the supervision of a faculty member solely for educational purposes and a requirement of the course;

2) minors consuming wine in connection with religious services at a church, synagogue, or temple;

3) minors working under the supervision of law enforcement

 

Minor in Possession of Alcohol (MIP) is a misdemeanor offense.  A first conviction does not carry any incarceration.  However, if a minor is placed on probation for a first offense and violates his or her probation, the Court can subject the minor to incarceration through its contempt powers.  A second or subsequent conviction for MIP allows for incarceration, and a mandatory driver's license suspension.  The terms of probation that the Court can impose includes (but is not limited to): fines and costs, reporting to probation, alcohol/substance testing, alcohol/substance treatment, counseling, community service, and educational program(s).

 

A first time offender can seek to have the offense expunged through a first offender program.  A non public record is maintained by the Court and the Michigan Secretary of State to ensure that this form of diversion is not given a second time, and for some limited employment related reasons.

 

Minor in Possession - Driving A Car, Zero Tolerance prohibits a person under the age of 21 years from operating a motor vehicle with a blood alcohol level of .02 to .08.  This offense is a misdemeanor offense that carries similar penalties to a operating while impaired charge.  The Court can impose up to 93 days in jail, probation with probationary conditions, and fines and costs.  The Michigan Secretary of State will assess 4 points, and will suspend the minor's driving privileges for 6 months.  This offense is not subject to expungement.

 

Minor in Possession - Transport or Possess Alcohol in a Car is a 93 day misdemeanor that prevents a minor from transporting or possessing alcohol in a car.  The exceptions to this law include being with an adult over the age of 21 years, and transporting alcohol for purposes of employment.

 

It is important to hire an experienced criminal defense attorney immediately for the following reasons:

1) having a criminal conviction can have repercussions on a minor's eligibility for grants, scholarships, employment, and insurance rates.  The offense in most cases is not subject to expungement;

2) to explore possible defenses, such as Constitutional Rights violations or affirmative defenses that may lead to the dismissal of the charge(s);

3) how a lawyer handles the case can have an impact upon the terms of the sentence received, including any diversionary programs;

4) the offense may have an impact on the minor's ability to drive. 

5) hiring a lawyer can reduce the stress, worry, and emotional impact of the legal system.

 

 

 

Sometimes in life there is only one opportunity to achieve the right result.

 

 

  

Hiring the right criminal defense lawyer may be one of the most important decisions you make for yourself and your family. There are many lawyers who claim to do more than what they are able - just as there are many surgeons in the world that are no better than butchers. Do not settle for a legal hack job. Practicing law is a skill that develops over time with experience, commitment, dedication, and God given talent. There are no amateur attorneys at Hilf & Hilf, PLC – only professionals that are guided by the humanity in the individuals we serve, and the drive not to settle for what is easy over what is right.

How Can a Probation Violation Affect Your Future?

Are you facing accusations of probation violations? These allegations should not be taken lightly because this is a criminal charge with serious consequences including incarceration or probation extension. Hiring an experienced criminal...

Corporate Immigration Lawyer

  Corporate Immigration Law Firm. Hilf & Hilf, PLC represents a diverse, complex range of clients including multinational corporations, United States corporations, privately held companies, start up ventures, partnerships, small...

Lawyer Search Immigration

Immigration At the law firm of Hilf & Hilf, PLC, we specialize in helping individuals, families, and employers navigate the difficulties that come with immigration. In our years of experience practicing immigration law, we have a...

Lawyer Search Criminal

Criminal Defense A criminal charge can follow you around for years. It can affect your ability to gain employment, purchase a home or car, even ruin relationships. If you've been accused of a crime, you need an experienced criminal...

Lawyer Search Misdemeanor

Criminal Defense A criminal charge can follow you around for years. It can affect your ability to gain employment, purchase a home or car, even ruin relationships. If you've been accused of a crime, you need an experienced criminal...

Lawyer Search Felony

Criminal Defense A criminal charge can follow you around for years. It can affect your ability to gain employment, purchase a home or car, even ruin relationships. If you've been accused of a crime, you need an experienced criminal...

Attorney Fee for Criminal Lawyer

There is no set guideline or rule as to how much a criminal lawyer charges for a given case.  How much a lawyer charges may depend upon a variety of factors: the nature of the charge; the anticipated amount of work that needs to be performed;...

What Rights Are Lost After a Felony Conviction?

As Americans, we revere our civil liberties and hold our rights close to our hearts. However, if you are convicted of a felony, then you will lose some of those rights. Since a felony charge always carries serious penalties and life altering...

Who Can Be Charged as an Accessory to a Crime?

If you pay even a small amount of attention to our judicial system, or you stay abreast with the latest high profile criminal court cases, then you've probably heard about someone being charged as an accessory to a crime. While this term...

Gay Marriage Immigration

A United States citizen or a lawful permanent resident (green card holder) who is in a same sex marriage to a foreigner can petition their spouse in the same manner that was once reserved only for heterosexual couples.  Your eligibility to...

Dog Bite Cases

In Michigan, dog bite cases are sometimes addressed through civil law proceedings, criminal prosecutions, or both. Civil Dog Bite Cases In order for the Plaintiff (injured party) to prevail on a civil lawsuit, generally 4 things need to...

Chinese Student Lawyer

Thousands of Chinese nationals come to Michigan every year under visas that allow for foreign students to reside and study in the United States.  Most Chinese students spend their time at the University of Michigan, Michigan State University,...
Confidential Consultations: 248-792-2590
Client Reviews:


  • Ms. Sufen Hilf is an efficient, thorough, prompt and effective attorney. She has made the horrible immigration situation more bearable and has never given up in my case ever when the situation seemed impossible to resolve. I truly recommend Ms. Hilf in any immigration case. John Smith | View All Reviews
  • Sufen is one of the finest immigration lawyers in the area. She cares about her clients and works harder than most at achieving the best possible results. She is a real fighter for her clients. Barbara | View All Reviews
  • Daniel is the best trial lawyer I have known. He cares about his clients and always fights for the best results for his clients in the Courts. He prepares his clients and witnesses thoroughly before Court hearing dates/trials, and studies all the reports in detail. He is a fighter for all his clients in Courts. He has won numerous jury trials in his career. Chris | View All Reviews