Field Sobriety Tests in Kansas City: What You Need to Know

How Does Missouri Law Define Minor in Possession (MIP)?

Alcohol consumption among underage people is highly frowned upon in Missouri, and you can easily find yourself in trouble with the law if you are a minor (under 21 years) and are found in physical possession of alcohol or appear to be drunk.

In Missouri, you can receive MIP charges for various underage drinking acts, including:

• Possession of alcohol

• Purchasing or attempting to buy alcohol

• Appearing visibly drunk

Violation of the minor in possession laws in Missouri can lead to jail time and a fine of up to $1,000. Attorneys at Benjamin Law Firm, LLC can help minimize or have the charge dismissed altogether if you receive a criminal charge for MIP violation as a first offender. With a proper defense strategy, getting probation or community service may be possible instead of imprisonment or fines.

What Is “Possession”?

Actual Physical Possession

In this case, the minor is found holding or physically possessing alcohol, either sealed or opened.

Internal Possession or Possession by Consumption

Suppose a police officer stops a minor, and a breathalyzer reveals a high BAC (blood alcohol content) in their system. The person is charged with a MIP even if they were not seen drinking alcohol.

Constructive Possession

When an underage person is found to be in a setting where they have access to an alcoholic beverage, this could indicate they had the intent to engage in underage drinking. A good example is when an underage person is caught driving a motor vehicle with alcoholic beverages in the trunk.

Types of MIP

Minor in Possession of Alcohol

As discussed above, a minor in possession (MIP) refers to underage persons with alcohol in their possession, whether physical, internal, or constructive. This criminal offense is recognized as a Missouri misdemeanor.

If minors violate the MIP laws, they may have to take one or multiple tests to check their blood or breath alcohol levels. The minor can also choose to have their own qualified individual conduct an additional chemical test with a police officer present.

Minor in Possession of Drugs

Minor in possession can also refer to the possession of drugs by a minor, although it is usually associated with alcohol possession.

A MIP offense for the possession of drugs comes with many repercussions. Even as a first offender, the minor may still have to enroll in rehabilitative and preventative services, take a substance abuse screening & assessment to evaluate their substance abuse problems and submit to several hours of community service.