Many states have minor possession laws (MIPs) regarding alcohol and drugs found in the possession of minors, whether or not they use the substances.
Some states strictly enforce MIP laws and prosecute minors to the fullest extent of the law. In other states, however, a minor in a MIP case can be put on probation by entering a court-ordered diversion program, getting medical help, and avoiding trouble.
educate minors about the dangers of drinking and driving;
Get chemical dependency treatment and help for minors;
Involve minors in community service.
In California, first-time offenders convicted of violating the MIP may have their driver’s license suspended for one year. If the minor does not have a driver’s license, the court will order the Department of Motor Vehicles not to issue a license until a full year after the minor’s conviction.
Other states’ PID laws provide moderate penalties for the first offense, but the severity increases for subsequent convictions. In Missouri, you can be convicted of a PID violation if you just seem to be intoxicated.
You do not need to drive to be convicted of breaking a MIP law.
You also don’t have to be legally drunk under your state’s DUI laws to be convicted of MIP.
The fact that you:
may be sufficient to prove that you violated your state’s MIP laws, or the laws of another state that you were visiting.
Some states require multiple MIP convictions before permanently losing your license. Other states, such as California, can withdraw your driver’s license for a single MIP offense.
Defenses against charges of minor possession
Defenses against charges of PMI can be raised, but the validity of the defenses largely depends on national and local laws.
Some MIP defenses include:
If you or a loved one experienced face legal charges of violating your state’s MIP laws, you may be able to defend and fight the charge in court.
It is very important that you contact a DUI or criminal defense attorney to learn how they may be able to help you or your family in a MIP case.
Some of the legal factors that a minor in possession defense attorney can review with you include:
Whether you or your loved ones, given the particular facts of your case, actually violated city or state law;
If the police or the police officer who made the arrest respected the law; Whether or not your conduct constituted a criminal offense; and If you have an affirmative defense in the MIP case.
MIP Laws – Getting Legal Help
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